KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
VAZHUTHACAUD, THIRUVANANTHAPURAM
I.A. No. 495/2023 in APPEAL No. 234/2023
ORDER DATED: 21.08.2023
(Against the Order in C.C. 27/2020 of CDRC, Malappuram)
PRESENT:
HON’BLE JUSTICE SRI. K. SURENDRA MOHAN : PRESIDENT
SRI. AJITH KUMAR D. : JUDICIAL MEMBER
SMT. BEENA KUMARY. A : MEMBER
SRI. RADHAKRISHNAN K.R. : MEMBER
PETITIONERS/APPELLANTS:
- The Manager, Biotech Renewable Energy Pvt. Ltd., North Pipeline Road, Thondayad, Chevarambalam P.O., Kozhikode-673 017.
- The Managing Director, Biotech Renewable Energy Pvt. Ltd., M.P. Appan Road, Vazhuthacaud, Thycaud P.O., Thiruvananthapuram-695 014.
(By Adv. Rajeev Kumar V.)
Vs.
RESPONDENT:
Vijayakumar P., Chitras, Marattapadi P.O., Pandikkad, Ernad Taluk, Malappuram-673 017.
ORDER
HON’BLE JUSTICE SRI. K. SURENDRA MOHAN : PRESIDENT
No representation for the appellants. The respondent is present in person. This is a petition seeking condonation of a delay of 115 days in filing the appeal. This petition is opposed by the respondent who appears in person. According to the respondent, he had filed the complaint in the year 2020 that he has no other alternative since there was gross negligence on the part of the appellants at every stage of the proceedings. After passing of the order also, there has been no response from their side. He submits that there is no bonafides in the reason stated for condonation of delay. The respondent seeks dismissal of the delay condonation petition.
We find that this petition had come up before us on 24.04.2023 and on a number of occasions there was no representation for the petitioners/appellants. The delay in this case is 115 days which is substantial. The reason stated is that the previous counsel of the appellant was engaged and could not appear when the case was called by the District Commission. We do not find any serious interest on the part of the petitioner in pursuing the petition. The respondent is present in person and requests that the matter be heard and disposed of. There is no representation for the petitioners today also as already noted above. The affidavit does not disclose any satisfactory explanation for condoning the delay. For the above reasons, this petition is dismissed.
JUSTICE K. SURENDRA MOHAN : PRESIDENT
AJITH KUMAR D. : JUDICIAL MEMBER
BEENA KUMARY. A : MEMBER
jb RADHAKRISHNAN K.R. : MEMBER
KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
VAZHUTHACAUD, THIRUVANANTHAPURAM
APPEAL No. 234/2023
JUDGMENT DATED: 21.08.2023
(Against the Order in C.C. 27/2020 of CDRC, Malappuram)
PRESENT:
HON’BLE JUSTICE SRI. K. SURENDRA MOHAN : PRESIDENT
SRI. AJITH KUMAR D. : JUDICIAL MEMBER
SMT. BEENA KUMARY. A : MEMBER
SRI. RADHAKRISHNAN K.R. : MEMBER
APPELLANTS:
- The Manager, Biotech Renewable Energy Pvt. Ltd., North Pipeline Road, Thondayad, Chevarambalam P.O., Kozhikode-673 017.
- The Managing Director, Biotech Renewable Energy Pvt. Ltd., M.P. Appan Road, Vazhuthacaud, Thycaud P.O., Thiruvananthapuram-695 014.
(By Adv. Rajeev Kumar V.)
Vs.
RESPONDENT:
Vijayakumar P., Chitras, Marattapadi P.O., Pandikkad, Ernad Taluk, Malappuram-673 017.
JUDGMENT
HON’BLE JUSTICE SRI. K. SURENDRA MOHAN : PRESIDENT
Petition for condonation of delay dismissed. Therefore this appeal is dismissed.
The amount of statutory deposit made by the appellants shall be refunded to them, on proper acknowledgment.
JUSTICE K. SURENDRA MOHAN : PRESIDENT
AJITH KUMAR D. : JUDICIAL MEMBER
BEENA KUMARY. A : MEMBER
RADHAKRISHNAN K.R. : MEMBER
jb
