Kerala

StateCommission

A/10/69

K.Prabhakaran - Complainant(s)

Versus

V.K.Rajan - Opp.Party(s)

Priya Santhosh

19 May 2010

ORDER

First Appeal No. A/10/69
(Arisen out of Order Dated 03/10/2008 in Case No. CC 59/06 of District Kannur)
1. K.Prabhakaran ...........Appellant(s)

Versus
1. V.K.Rajan ...........Respondent(s)

BEFORE :
HONORABLE JUSTICE SHRI.K.R.UDAYABHANU PRESIDENT
PRESENT :

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ORDER

 

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
                  VAZHUTHACAUD THIRUVANANTHAPURAM
 
                                                  IA.145/10 IN APPEAL 69/10
                                         ORDER DATED 19.5.2010
                           
PRESENT
 
JUSTICE SHRI.K.R.UDAYABHANU                   -- PRESIDENT
SHRI.M.K.ABDULLA SONA                               -- MEMBER
 
K.Prabhakaran,
S/0 Kochu Pillai residing at
Kadachira, C/o M.K.Sons,                                     -- PETITIONER
Adoor, Kannur. Now residing at                                    
Nevijam Nivas, Valia Kalungu
Parandode Post, Aryanad,
Thiruvananthapuram.
(By Adv.Priya santhosh)
 
               Vs.
V.K.Rajan,
S/o Kelu, Vadakke Kovil house,                             -- RESPONDENT
Chovva.P.O, Kannur.
(By Adv.N.Mohanachandran)
 
                                                        ORDER
 
JUSTICE SHRI.K.R.UDAYABHANU: PRESIDENT
 
           
          The application is filed for condonation of delay of 480 days in the affidavit filed in support of the application.
          2. It is mentioned that he shifted his place of work from Kannur to Thiruvananthapuram during the pendency of the case filed by him as OS.No.369/05 before Munsiff Court, Kannur.   According to him the Advocate who was entrusted with the case in the Munsiff Court did not inform him about the present case. It is also mentioned that he was laid up due to chicken guinea and that he is under treatment at AyurvedaHospital.
          3. We find that no sufficient reason as such is mentioned in the affidavit to condone the inordinate delay of 480 days. It is not even mentioned as to which hospital he was under treatment. No medical record in this regard has been produced. If he has shifted his place of work   he has  to make  necessary arrangements to redirect the postal articles in his subsequent address. The ground mentioned that the Advocate who appeared for him in the Civil case did not inform him is some what illegible. We find that no sufficient reason has been made out to condone the delay. 
In the circumstances,  the delay condonation petition is dismissed.    Hence the appeal is also dismissed.
 
JUSTICE  K.R.UDAYABHANU        -- PRESIDENT
 
 
 
 M.K.ABDULLA SONA                    -- MEMBER
PRONOUNCED :
Dated : 19 May 2010

[HONORABLE JUSTICE SHRI.K.R.UDAYABHANU]PRESIDENT