KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION SISUVIHARLANE VAZHUTHACADU THIRUVANANTHAPURAM

REVISION PETITION NO.70/2014

ORDER DATED : 06.03.2015

(Revision Petition is filed against the order in CC.No.182/2014 on the file of CDRF, Wayanad, Kalpetta order dated :17.11.2014)

PRESENT

SRI.K.CHANDRADAS NADAR : JUDICIAL MEMBER

SMT.A.RADHA : MEMBER

SMT.SANTHAMMA THOMAS : MEMBER

REVISION PETITIONER

The Manager,

Don Bosco College,

Sulthan Bathery,

Kottakunnu,

Sulthan Bathery Post,

Wayanad

(By Adv.Sri.R.Suja Madhav)

Vs

RESPONDENT

AjeeshPaul,

S/o.Poulose,

Neerambuzha House,

Meppadi Post,

Nedumbala,

Wayanad

ORDER

SRI.K.CHANDRADAS NADAR :JUDICIAL MEMBER

Revision petitioner is the opposite party in CC.No.182/2014 in the CDRF, Wayanad, Kalpetta. The complainant who is the respondent in this revision petition approached the district consumer forum, Kalpetta seeking refund of Rs.40,000/- received from him and for compensation. On notice being served the opposite party entered appearance but subsequently failed to properly contest the complaint. Accordingly, the consumer forum set the revision petitioner exparte and posted the complaint for exparte evidence of the respondent. There upon the revision petitioner filed IA.No.401/2014 seeking to set aside, the exparte order passed against him. The consumer forum as per the impugned order dismissed the application holding that the district forum was powerless to set aside its own order. Hence this revision by the petitioner / opposite party.

2. The revision petition was admitted and upon service of notice on the respondent / complainant, he failed to respond. Hence the matter was heard. The District Consumer Forum did not consider the merit of the application in the light of the fact that it has no power to set aside its own order setting the revision petitioner exparte. It is submitted before us that sufficient opportunity was not given to the revision petitioner to adduce evidence or to contest the claim of the complainant. Apparently, the respondent / complainant is conceding the allegations of the revision petitioner by remaining absent. In the circumstances, it appears to be just to give one more opportunity to the revision petitioner to contest the claims in the complaint on merits.

In the result, the revision petition is allowed. The order of the district consumer forum, wayanad setting the revision petitioner exparte is reversed. His application to set aside the exparte order shall stand allowed. The District Forum shall afford reasonable opportunity to the revision petitioner to contest the claim of the complainant. No costs.

K.CHANDRADAS NADAR : JUDICIAL MEMBER

A.RADHA : MEMBER

SANTHAMMA THOMAS : MEMBER

Be/

　

　

　

　

　

　

　

　

　

　

　

　

　

　

　

KERALA STATE

CONSUMER DISPUTES

REDRESSAL COMMISSION

SISUVIHARLANE

VAZHUTHACADU

THIRUVANANTHAPURAM

REVISION

PETITION NO.70/2014

ORDER

DATED: 06.03.2015

BE/

　

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