Kerala

StateCommission

RP/52/2017

HOUSING DEVELOPMENT FINANCE CORPORATION - Complainant(s)

Versus

K MOHANAN - Opp.Party(s)

C P SHAJI

25 Sep 2017

ORDER

 

KERALA STATE CONSUMER DISPUTES REDRESSAL

COMMISSION  VAZHUTHACAUD, THIRUVANANTHAPURAM

REVISION PETITION.52/17

 

ORDER DATED:25.09.2017

 

PRESENT : 

HON’BLE JUSTICE SHRI. S.S. SATHEESACHANDRAN: PRESIDENT

SHRI.V.V.JOSE                                                                     : MEMBER

 

Housing Development Finance Corporation Ltd.,

R/by the Deputy Manager (Legal),

Ernakulam Branch, Post Bag No.1667,

HDFC House, M.G.Road, Ravipuram,

Kochi-682 015.                                                                                : PETITIONER

 

(By Adv: Smt. Deepa Mohan)

 

            Vs.

 

K. Mohanan, 2D, Eden Trees,

Ruby Lane, Thammanam,

Ernakulam, Pin-682 032.                                                               : RESPONDENT

 

 

6698606.  

 

HON’BLE JUSTICE SHRI. S.S. SATHEESACHANDRAN :  PRESIDENT

 

Revision is directed against the Order passed by the Consumer Disputes Redressal Forum, Ernakulam imposing cost of Rs.2500/- to the complainant and Rs.2500/- to the legal aid fund by opposite party.  The opposite party was directed to file version within 15 days while sending him notice, but, the version was filed beyond the period fixed.  Notice was despatched on 28.6.2017, and within 15 days from the date of receipt revision petitioner filed the version in his  case to impeach the Order passed by the Forum imposing cost.  He has a further case that the rules provide for 45 days time to file version.

2.      Notice was served on the counsel for complainant who was present in the Commission.

3.      Heard counsel on both sides.

  Perusing the Order with reference to the submissions made by both sides we are satisfied that the imposition of cost ordered holding that there was delay in filing the version by petitioner is not proper, and it cannot be sustained.  We set aside the Order impugned and direct the District Forum to receive the version of the appellant.

4.      Both sides submitted there is a fair chance of settlement of the case.  If not settled the complaint has to be disposed in accordance with law.

 Revision disposed of as indicated above.

 

JUSTICE S.S. SATHEESACHANDRAN: PRESIDENT

 

 

V.V.JOSE  : MEMBER

 

VL.