State Consumer Disputes Redressal Commission
General Manager Wolkswagen vs Sarath on 29 April, 2016
Daily Order KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM REVISION PETITION.18/16 ORDER DATED:29.04.2016 PRESENT : JUSTICE SHRI. P.Q. BARKATHALI : PRESIDENT SHRI.V.V. JOSE : MEMBER
The General Manager, Vokswagen Group Sales India Pvt. Limited, F-3 & 4, Silver Utopia, : APPELLANT Cardinal Gracious Road, Andheri, East Mumbai-99.
(By Adv: Sri. Azeem Mohammed) Vs. Sarath, Sales Executive, Phoenix Cars India Pvt. Ltd., NH-17, Kannur Road, Puthiyangadi P.O, Pavangad, Calicut-673 021.
Mithun, Sales Executive, Phoenix Cars India Pvt. Ltd., NH-17, Kannur Road, Puthiyangadi P.O, Pavangad, Calicut-673 021.
: RESPONDENTS Phoenix Cars India Pvt. Ltd., R/by its MD, NH-17, Kannur Road, Puthiyangadi P.O, Pavangad, Calicut-673 021.
Dileesh, Sales Manager, Phoenix Cars India Pvt. Ltd., NH-17, Kannur Road, Puthiyangadi P.O, Pavangad, Calicut-673 021.
Shamseer K, S/o Ibrahim, Kunnummal House, Kuttikkunnu road, Kalpetta P.O, Wayanad-673 121.
ORDER JUSTICE SHRI. P.Q. BARKATH ALI, PRESIDENT This is a revision petition filed under section 17 of Consumer Protection Act by the 5th opposite party in CC.373/15 on the file of Consumer Disputes Redressal Forum, Wayanadu, challenging the order of the Forum in I.A.69/16 dated February 25, 2014, dismissing the I.A to set aside the exparte order dated, February 11, 2016.
2. Complainant filed the complaint before the Forum alleging deficiency of service on the part of the opposite parties 1 to 5 and claiming compensation. The opposite parties 1 to 5 entered appearance on January 08, 2016. In spite of repeated adjournments the opposite parties did not file their version. Therefore the Forum posted the case for the version of the opposite parties on February 11, 2016. As the opposite parties not filed version on that day Forum made them exparte and posted the case for exparte evidence on February 18, 2016. At the request of the complainant case was then posted on February 25, 2016. But the case was advanced to February 22, 2016 and complainant filed proof affidavit and Exts.A1 and A2 series were marked and the case was posted on February 29, 2016 for orders. On February 25, 2016, the revision petitioner filed I.A to setaside the exparte order which was dismissed for default by the impugned order. Challenging the said order, the revision petitioner/5th opposite party filed this revision petition.
3. When the revision petition came up for hearing on April 20, 2016 we have ordered that taking into account the nature of the contentions raised by the parties and as the complaint is pending before the Forum. We feel that an opportunity should be given to the revision petitioner/5th opposite party to contest the matter on merits and hence the revision will be allowed on payment of cost of Rs.2000/- to the complainant .
4. Today receipt is produced to the effect that cost has been paid. Therefore revision petition is allowed. The order of the Forum dated, February 11, 2016 setting the revision petitioner exparte is set aside. I.A.69/16, the petition to set aside the exparte order is allowed. The appellant/5th opposite party is permitted to file version before the Forum and contest the matter on merits.
JUSTICE P.Q. BARKATHALI : PRESIDENT V.V. JOSE : MEMBER VL.