KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD THIRUVANANTHAPURAM

FA.06/13

JUDGMENT DATED 30.1.2013

(Appeal filed against the order    in CC No.283/12 on the file of CDRF,   Alappuzha  dated 02/11/2005)

PRESENT

 SHRI.M.K.ABDULLA SONA                                     --  MEMBER                

1.      The Manager,

M/s IFB Industries Ltd,

36/1923 Sebastin Road, Kallor,

Kochi – 682 017.

2.      The Manager,

IFB Customer Service Department,        --  APPELLANTS

Venni Enterprises, Saraswati Bhavan,

Pazhavangadi, Alappuzha.

             (By Adv.S.Reghukumar)

                             Vs.

P.G.Sadanandan,

S/o Gangadharan, Naramada Poonkavu,          --  RESPONDENT

Kadakarapally P.O, Cherthala.

JUDGMENT

SHRI.M.K.ABDULLA SONA,MEMBER

          This appeal prefers by the opposite party from the order passed by the CDRF, Alappuzha in CC.No.283/10 dated 18.8.12.  The ground urged to prefer this  appeal from   the impugned order passed by the forum below   set ex-parte the opposite parties.  The forum below did not give an opportunity to the opposite party to contest the case without comply the stipulating time which prescribed by the C.P.Act.  In the forum below   appellant/opposite party was absent and set ex-parte.  The counsel for the complainant/respondent in this appeal submitted that he is a  very aged man and senior citizen.    As per the Consumer Protection Act   there are two members are necessary to hear and pass any orders  under the provisions of the Consumer Protection Act.  At present there is only one member  in the CDRF, Alappuzha.  This member heard and passed   an order to set ex-parte the opposite parties.  This order is  illegal and against the provisions of law.

2. In the circumstance, this Commission set aside this order passed by the forum below.  This commission directed the CDRF. Alappuzha to hear and dispose   this complaint by  the forum consist of at least 2 members.  The single member is not having any statutory power to sit and pass orders as CDRF.  The single member is only available in CDRF, such a member can simply adjourn the cases without passing any order or orders.  As per Section 22D such a single member is the President of the CDRF and look after the office administrative works alone as a President.  Suppose the President is alone in a CDRF he have no legal jurisdiction to pass any orders as a CDRF.

3. In the result, the appeal is allowed and the impugned order passed by the forum below is set aside.     The forum below  which consisted of two members direct to proceed with the complaint and also give amble opportunity to  both sides to adduce   oral and documentary evidence.  By considering the age of the complainant the forum below is also direct to dispose   the matter as early as possible after the receipt of the copy of the Judgment.  This appeal is disposed accordingly.   Appellant shall   produce  a  copy of the Judgment  before   the   CDRF, Alappuzha.  There are ever so many complaint are receiving from ever so many persons regarding the sitting of single  members as President and passing orders. 

The Registrar of this Commission is directed to issue the copy of the Judgment to all the CDRF’s in the State of Kerala for information.

M.K.ABDULLA SONA,MEMBER