KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAD, THIRUVANANTHAPURAM APPEAL.302/2010 ORDER DATED: 2.7.2010 PRESENT JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT SRI.S.CHANDRAMOHAN NAIR : MEMBER The Proprietor, : APPELLANT M.S.Babu, General Automobiles, Thrissur Road, Angamaly. (By Adv.Dinesh Mathew.J.Murikan) Vs. 1. Thomas.P.V., : RESPONDENTS Puthussery Vettiyadan House, Karukutty.P.O. 2. Oriental Insurance Co.Ltd., K.V.Varkey Memorial Complex, Near K.S.R.T.C. Bus Stand, Angamaly. ORDER JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT The appellant is the 1st opposite party/workshop owner in CC 63/2009 in the file of CDRF, Ernakulam. The appellant is under orders to repair the scooter of the complainant within a month failing which to pay a sum of Rs.5000/- and compensation of Rs.2000/-. 2. It is submitted by the counsel for the appellant that the appellant did not receive notice from the Forum and hence he happened to be absent. We find that the above submission can not be accepted as such. The Forum has mentioned that the service of notice has been effected. All the same in view of the fact that the appellant has not been heard, the order of the Forum is set aside on condition that the appellant/1st opposite party pay a sum of Rs.3000/- to the complainant towards cost or deposit the same before the Forum which can be withdrawn by the complainant. The Forum will issue notice to the complainant and 2nd opposite party and dispose of the case on merits after giving opportunity to the parties to adduce further evidence if they so desire. The case stands posted before the Forum on 7.9.2010. Office is directed to forward the copy of this order to the Forum urgently. JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT SRI.S.CHANDRAMOHAN NAIR : MEMBER ps | 
