KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
VAZHUTHACADU THIRUVANANTHAPURAM
REVISION PETITION:06 /2014
ORDER DATED:06/02/2014
PRESENT
JUSTICE SHRI.P.Q. BARKATH ALI : PRESIDENT
SHRI. V.V. JOSE : MEMBER
M/s. Toyota Kirloskar Pvt. Ltd.,
No.24, 10th Floor, Canberra Block, REV. PETITIONER
Near Regent, Vittal Mallaya Road,
Bangalore, Karnataka – 560 22
(By Adv. Sri. Friko K. Sundaram & Othrs.)
V/s.
V.V. Guruvayurappan,
S/o. Veeraraghavan, 28/481/6,
2nd Floor, Lakshmi Flats, RESPONDENTS
Thiruvambadi P.O.,
Thrissur – 680022.
ORDER
JUSTICE SHRI.P.Q. BARKATH ALI : PRESIDENT
This Revision Petition filed is by the opposite party in CC 342/13 on the file of CDRF, Thrissur. Challenging the order of the Forum dated 16/11/2013 in IA No.1037/13 dismissing the Petition to set aside the order setting him exparte.
2. The complainant has filed the complaint before the Forum alleging deficiency in service on the part of the opposite party in supplying a defective ‘car’. When the case was posted on 24/09/13 opposite party remained absent and opposite party was set exparte by the Forum. They filed IA 1037/13, to setaside the order setting him exparte which was also rejected by the Forum by the impuned order.
3. Specific case of the opposite parties is that his counsel reached the Forum belatedly and by that time he was set exparte.
4. Heard. The CC is still pending before the Forum. The counsel for Revision Petitioner contended that due to traffic block the Counsel reached the Forum very late and by that time he was set exparte. Taking into account the nature of contentions raised by the Revision Petitioner and in circumstances of this case we feel that an opportunity should be given to the Revision Petitioner to contest the case on merits. Therefore we set aside the impugned order of the Forum setting the Revision Petitioner exparte. The Forum is directed to receive the version filed by the complainant and proceed with the case in accordance with the law.
JUSTICE P.Q. BARKATH ALI : PRESIDENT
V.V. JOSE : MEMBER
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