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ADMINISTRATIVE OFFICER HEALTH CARE DIAGNOSTIC CENTRE filed a consumer case on 23 Mar 2017 against NAZARUDEEN in the StateCommission Consumer Court. The case no is A/16/112 and the judgment uploaded on 16 May 2017.
KERALA STATE CONSUMER DISPUTES REDRESSAL
COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM
APPEAL No. 112/16
JUDGMENT DATED:23.03.2017
PRESENT :
JUSTICE SHRI. P.Q. BARKATHALI : PRESIDENT
SHRI.V.V JOSE : MEMBER
Health Care Diagnostic Centre,
T.C.26/875, Panavila Junction,
Opp. Mary Bown, Thycaud P.O,
Thycaud Village, TVPM, : APPELLANT
Kerala-R/by its Administrative Officer.
(By Adv: Sri. K.S. Gopinathan Nair)
Vs.
Nazarudeen, S/o Abdul Jabbar,
Thumpattuthodiyil, New Nagar-14,
Vadakkevila P.O, Kollam, Kerala. : RESPONDENT
(By Adv: Sri. Dinesh Sajan)
JUDGMENT
HON. JUSTICE SHRI.P.Q.BARKATHALI : PRESIDENT
Hearing advanced to this date.
2. This is an appeal filed by the opposite party in CC.245/15 on the file of CDRF, Thiruvananthapuram challenging the order of the Forum dated, November 16, 2015 making the opposite party/appellant exparte and directing them to pay a compensation of Rs.1,00,000/-.
3. Heard. It is seen from the records that appellant was set exparte by the Forum. Taking into account the nature of the contentions raised by the parties we feel that an opportunity should be given to the appellant to contest the matter on merits. But they have to pay a cost of Rs.5000/- to the complainant.
In the result appeal is allowed. The impugned order of the Forum allowing the complaint is set aside. The matter is remanded to the Forum for fresh disposal in accordance with law. Appellant is permitted to pay the cost before the Forum. On receipt of copy of this order Forum shall issue notice to both parties.
JUSTICE P.Q. BARKATHALI : PRESIDENT
VL. V.V JOSE : MEMBER
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