At, Kerala State Consumer Disputes Redressal Commission Thiruvananthapuram
By, THE HONOURABLE MR. JUSTICE P.Q. BARKATH ALI
For the Petitioners: V. Krishna Menon, S. Reghukumar, Advocates. For the Respondents: ------
This is a Revision Petition filed by the opposite parties in C.C.No.63/14 on the file of CDRF, Pathanamthitta challenging the order of the Forum dated December 13, 2016 in IA No.129/16 dismissing the petition to set-aside the order of the Forum setting them exparte.
2. The Forum by order dated November 24, 2014 dismissed the complaint. On appeal by the complaint this Commission by Judgment dated July 11, 2016 in Appeal No.180/15 set-aside that order and remanded the matter to the Forum for fresh disposal in accordance with law. Both parties were directed to appear before the Forum on August 30,2016.
3. After remand the opposite party is failed to appear on August 30, 2016. Therefore, Forum set them exparte by order dated October 17, 2016. This Revision Petition is filed by the opposite parties to set aside that order.
4. It is stated in the Revision Petition that the counsel of the opposite parties noted the date to appear wrongly. Taking into account the nature of contentions raised by the parties, I feel that an opportunity should be given to the Appellant to contest the matter on merits. Hence the impugned order of the Forum refusing to set-aside the order dated October 17, 2016 is set-aside. The Forum
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is directed to receive the version filed by the opposite parties and proceed in accordance with law. The Revision Petition is allowed.