State Consumer Disputes Redressal Commission
A.Abubacker, S/O Abdul Rahman vs M/S Prince Petroleums, Bpol Dealer on 9 July, 2009
Daily Order
First Appeal No. A/09/14
(Arisen out of order dated in Case No. of District )
1. A.Abubacker
Nagercoil
....Appellant
Versus
1. M/s Prince Petroleum's & others
Parasalai
....Respondent
1. M/s Prince Petroleum's & others Parasalai ....Respondent BEFORE :
HONORABLE JUSTICE SHRI.K.R.UDAYABHANU , PRESIDENT HONORABLE SRI.M.K.ABDULLA SONA , Member PRESENT:
None for the Appellant None for the Respondent *JUDGEMENT/ORDER KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, VAZHUTHACAD, THIRUVANANTHAPURAM FIRSAT APPEAL.14/09 JUDGMENT DATED: 9.7.09 PRESENT JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT SRI.M.K.ABDULLA SONA : MEMBER A.Abubacker, S/o Abdul Rahman, :APPELLANT Water Tank Road, Agasteeswaram Taluk, Nagercoil, Kanyakumari District, Tamil Nadu.
(By Adv.Narayan.R) Vs.
1. M/s Prince Petroleums, BPOL Dealer, :RESPONDENTS Kottamam, Parasuvaikal, Parasalai.P.O., Trivandrum District.
2. Regional Manager, M/s Bharat Petroleums, Renganathan Gardens, Anna Nagar, Chennai,
3. Territorial Manager, M/s Bharat Petroleums, Petroleum Divison, Goodshed Road, Near High Court of Kerala, Ernakulam.
JUDGMENT JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT The appellant is the complainant in CC.177/07 in the file of CDRF, Thiruvananthapuram.. The complaint stands dismissed for default.
2. The matter related to the complaint filed by the complainant seeking a sum of Rs.100,000/- is as the engine of his Maruti Swift car got damaged as the petrol filled in at the 1st opposite party's petrol bunk contained water.
3. It is submitted that he was held up in traffic and that he residing at Nagercoil, and hence could not attend the Forum on the posting date. Opposite party appeared and opposed request for getting the matter remitted.
4. Considering the fact that the matter stands disposed of by an order which is not a considered one we find that it would be only just to provide an opportunity to the complainant to substantiate his case. In the circumstances the order of the Forum is set aside on condition that the complainant pay a sum of Rs.3000/- to the respondent/opposite party towards cost within two weeks from today and file memo. On payment of the cost the order of the Forum will stand set aside. Forum is directed to permit the parties to adduce evidence and dispose of the matter on merits. The case will stand posted before the Forum on 20/8/09.
Office is directed to forward the copy of this order to the Forum urgently.
JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT
SRI.M.K.ABDULLA SONA : MEMBER
Pronounced
Dated the 09 July 2009
[HONORABLE JUSTICE SHRI.K.R.UDAYABHANU] PRESIDENT [HONORABLE SRI.M.K.ABDULLA SONA] Member