KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAD, THIRUVANANTHAPURAM

FIRST APPEAL .387/2009

JUDGMENT DATED: 24.9.09

Appeal filed against the order passed by CDRF, Palakkad, in CC.6/069

JUSTICE SRI.K.R.UDAYABHANU              : PRESIDENT

SRI.M.K.ABDULLA SONA                             : MEMBER

K.R.Jayakumar,                                          : APPELLANT

Kulappadam Estates,

Kunjaramputhur post,

Mannarkkad, 678583,

Palakkad District.

    vs.

1. National Insurance Co.Ltd,                           : RESPOPNDENTS

    Divisional Office, Kottayam.

2. Rubber Board rep. By Chairman,

    Head Office, Kottayam.

3. Rubber Board Regional Office,

    Mannarkkad rep. by

   Deputy Rubber Production Commissioner.

(By Adv.Thomas.P.Jacob, Counsel for R2 andR3)

JUDGMENT

JUSTICE SRI.K.R.UDAYABHANU              : PRESIDENT

          The appellant is the complainant in CC.6/09 in the file of CDRF Palakkad.  The appeal stands dismissed on the ground of limitation.

          2. We find that the Forum has only mentioned  that the claim related to the  one  which has been repudiated  long  back.  The complainant is relying on the repudiation letter dated 28.11.07 and that the complaint has been filed on 9.1.09, it is mentioned.  We find the order of the Forum cannot be treated as a considered one.  When contested matters are disposed of the facts and findings should be mentioned in the order.  The parties are entitled for a speaking order. Hence the order of the Forum is set aside.  The Forum is directed to hear both sides and dispose of the preliminary issue  by a considered order.

          3. The case stands posted before the Forum on 20.11.09.

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

ps