State Consumer Disputes Redressal Commission
E.V.M.Automobiles, vs . K.Indira, on 8 May, 2009
.
CDRC, Sisuvihar Lane, Sasthamangalam.P.O, Trivandrum-10
Appeal(A) No. A/09/80
E.V.M.Automobiles
...........Appellant(s)
Vs.
K.Indira
...........Respondent(s)
BEFORE:
1. JUSTICE SHRI.K.R.UDAYABHANU
2. SMT.VALSALA SARNGADHARAN
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
For the Appellant :
For the Respondent :
ORDER
KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD THIRUVANANTHAPURAM APPEAL NO.80/09 JUDGMENT DATED.8.5.09 PRESENT JUSTICE SHRI K.R.UDAYABHANU -- PRESIDENT SMT.VALSALA SARANGADHARAN -- MEMBER E.V.M.Automobiles, S.A.Road, Vyttila, -- APPELLANT Ernakulam, rep. by Executive Partner Mr.Sabu Johny.
(By Adv.V.Santharam & Ors) Vs.
1. K.Indira, Poonithura Thannokkada, Vineeth Bhavan, Pavamkulangara, Thripunithura.P.O Palarivattom, Ernakulam.
2. Tata Motor Finance, -- RESPONDENTS Ground Floor, Palarivattom, Ernakulam.
3. ICICI Bank Ltd., 3rd Floor, Emgee Square, Padma junction, M.G.Road, Cochin-35.
JUDGMENT JUSTICE SHRI.K.R.UDAYABHANU,PRESIDENT The appellant is the third opposite party/dealer in CC.7/08 in the file CDRF, Ernakulam. The third opposite party/appellant are under orders to pay Rs.20,567/- to the complainant as compensation with interest 6% and also to hand over the RC book of the two-wheeler of the complainant.
The second opposite party/financier has been directed to issue no objection certificate to the complainant with respect to the vehicle. It is the contention of the appellant who was ex-parte in the proceedings and that the RC book is not with him and the same will be with the financers ie. the second opposite party and further there is no justification for directing the third opposite party to pay compensation as the allegations are squarely aimed at the financiers. The financiers/second opposite party also was ex-parte in the proceedings.
The reason mentioned for not making appearance and contesting the case before the Forum is that the customer care executive resigned the job and she did not bring the matter of the notice of the Manager.
In the circumstances and considering the fact that the decision is not the result of a contested adjudication the order of the Forum is set aside on condition that the appellant deposit a sum of R.5000/- before the Forum within 20 days from the date of receipt of this order before the Forum. The above amount can be withdrawn by the complainant. On deposit of the amount the Forum will issue notice to the complainant and the other opposite parties and dispose of the matter on merits.
The matter will stand posted before the Forum on 3.7.09 Office is directed to dispatch the copy of this order to the forum urgently.
JUSTICE K.R.UDAYABHANU -- PRESIDENT VALSALA SARANGADHARAN -- MEMBER S/L ...................... JUSTICE SHRI.K.R.UDAYABHANU ...................... SMT.VALSALA SARNGADHARAN