State Consumer Disputes Redressal Commission
N.S.Kumar, vs Smt.K.Bincy on 20 April, 2009
Daily Order First Appeal No. A/09/117 (Arisen out of order dated 29/07/2005 in Case No. OP 83/05 of District Kollam)
1. N.S.Kumar Kerala ....Appellant Versus
1. K.Bincy Kerala ....Respondent BEFORE :
HONORABLE JUSTICE SHRI.K.R.UDAYABHANU , PRESIDENT PRESENT:
None for the Appellant None for the Respondent *JUDGEMENT/ORDER KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAD, THIRUVANANTHAPURAM APPEAL NO.117/09 JUDGMENT DATED: 20.4.09 PRESENT JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT SMT.VALSALA SARANGADHARAN : MEMBER N.S.Kumar, : APPELLANT Proprietor, Yenyeskey Machine Tools, Thadagar Road, Coimbatore, PIN - 641025.
(By Adv.Anitha & Adv.Shaleela) Smt.K.Bincy : RESPONDENT Proprietress, Chinchil Bag Industries, Nedumpana.P.O., Kollam JUDGMENT JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT
The Appellant is the opposite party in OP.83/05 in the file of CDRF, Kollam. The appellant is under orders to pay a sum of Rs.7,35,000/- with interest at 9% and Rs.10000/- as compensation and Rs.1000/- as cost. The order of the Forum is dated 29.7.05.
2. It is the case of the appellant that the counsel wrongly noted the posting date before the Forum and hence the appellants happened to be ex parte.
3. In the circumstance the order of the Forum is set aside on condition that the appellants pay a sum of Rs.10000/- towards cost to the complainant and also deposit Rs.3,00,000/- before the Forum. Amounts shall be deposited within one month from today. The amount Rs.10,000/- to be deposited towards cost can be withdrawn by the complainant. On deposit of the amount the Forum will take the matter into file and permit the parties to adduce further evidence if they so desire and dispose of the matter on merits. The matter shall posted before the Forum on 10.6.09. The Forum shall issue notice to the complainant.
Office is directed to despatch this order to the Forum urgently.
JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT SMT.VALSALA SARANGADHARAN : MEMBER Pronounced Dated the 20 April 2009 [HONORABLE JUSTICE SHRI.K.R.UDAYABHANU] PRESIDENT