Kerala

StateCommission

A/15/406

THE MANAGER SOUTH MALABAR GRAMIN BANK KERALA GRAMIN BANK - Complainant(s)

Versus

V J GEORGE - Opp.Party(s)

K N JUSTIN

21 Jun 2018

ORDER

 

KERALA STATE CONSUMER DISPUTES REDRESSAL

COMMISSION  VAZHUTHACAUD, THIRUVANANTHAPURAM

APPEAL NO. 406/15

 JUDGMENT DATED:21.06.2018

 

PRESENT : 

HON’BLE JUSTICE SHRI. S.S. SATHEESACHANDRAN :  PRESIDENT

SHRI. T.S.P. MOOSATH                                            : JUDICIAL MEMBER

SHRI. RANJIT. R                                                                             : MEMBER

 

The Branch Manager,

South Malabar Gramin Bank,

(Kerala Gramin Bank),

Kalloor Branch, Kalloor,

Sulthan Bethery P.O,                                                         : APPELLANT

Wayanadu-673 592.

R/by its Regional Manager.

 

(By Adv: Sri. K.N. Justin)

 

            Vs.

 

V.J. George, S/o Joseph,

Vattakunnel House, Kallumuck,

Noolpuzha P.O,                                                                  : RESPONDENT

Sultan Bethery, Wayanadu Dist-673 592.

 

 

 

                                               

JUDGMENT

HON’BLE JUSTICE SHRI. S.S. SATHEESACHANDRAN :  PRESIDENT

        Appeal is directed against the Order dated:26.2.2015 in CC.No.187/13 of the Consumer Disputes Redressal Forum, Wayanadu, Kalpetta.

2.     Opposite party is the appellant.  Forum has directed the opposite party to refund the sums alleged to have been collected in excess by it with compensation of Rs.3000/- and cost of Rs.2000/- to the complainant.

3.     Though notices were issued to respondent/complainant service could not be effected on him.  Appellant was permitted to serve copy of the appeal memorandum intimating the posting date of the appeal to the counsel appearing for the complainant/decree holder and file memo.  That order was made on the representation of appellant’s counsel that hasty steps are being taken to execute the Order impugned by the respondent/complainant.  Appellant has not filed a memo nor reported whether copy of memorandum of appeal has been served intimating the date of hearing as ordered, to the counsel appearing for the complainant in the execution proceedings.  Appeal coming up for hearing today there is no representation for appellant.  Appellant and counsel remain absent.  Since no notice has been served on the respondent, the Commission cannot go into the challenges raised over the impugned order and the only course open is to dismiss the appeal for default.  We do so.

 Appeal is dismissed.

 

JUSTICE S.S. SATHEESACHANDRAN :  PRESIDENT

 

T.S.P. MOOSATH : JUDICIAL MEMBER

 

RANJIT. R : MEMBER

 

VL.