At, Kerala State Consumer Disputes Redressal Commission Thiruvananthapuram
By, THE HONOURABLE MR. JUSTICE K. SURENDRA MOHAN
By, THE HONOURABLE MR. T.S.P. MOOSATH
By, JUDICIAL MEMBER
By, THE HONOURABLE MR. R. RANJIT
By, THE HONOURABLE MRS. A. BEENA KUMARI
By, MEMBER & THE HONOURABLE MR. K.R. RADHAKRISHNAN
For the Appellant: R. Narayan, Advocate. For the Respondent: G. Ajith Kumar, Sandeep T. George, Advocates.
K. Surendra Mohan, PresidentThe appellant who was the opposite party in C.C. No. 163/2016 has filed this appeal challenging an order dated 29.06.2016 of the Consumer Disputes Redressal Forum, Kottayam (hereinafter referred to as the District Forum for short). As per the said order the complaint has been allowed and compensation has been granted.2. According to the counsel for the appellant he was set exparte on 06.06.2016. Immediately thereafter, the complainant’s evidence was recorded and the matter was disposed of within a short span of time. For the said reason the appellant could not take any steps for his appearance.3. Adv. Sandeep T. George appears for the respondent. According to the learned counsel, there was deliberate omission on the part of the appellant in representing the matter properly. According to him the statement of account was before the District Forum and therefore the case of the complainant had been properly proved.4. Having considered the respective contentions, we are of the view that it is necessary to grant another opportunity to the appellant to place and prove his case before the District Forum. For the purpose it is necessary to remand the matter to the District Forum. However, such remand can be made only on proper terms.This appeal is accordingly allowed, the order appealed against is set aside and the matter is remanded to the District Forum for fresh disposal in accordance with law after giving an opportunity to the appellant to place and prove his case, on condition that an amount of Rs. 3,500/- be paid as costs to the respondent. The counsel for the respondent shall be at liberty to seek disbursement of the statutory amount of Rs. 3,500/- deposited by the appellant at the time of filing this appeal, o
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n proper application, towards the costs ordered above. Considering the fact that the C.C. is of the year 2016, the District Forum shall make an earnest effort to dispose of the same expeditiously.