JUSTICE SRI. K.R. UDAYABHANU : PRESIDENT
The appellant is the 3rd opposite party in OP.287/99 in the file of CDRF, Thrissur. The appellant and other opposite parties are under orders to pay a sum of Rs.2500/- with interest at 12% from 10.2.98 and also to pay a sum of Rs.250/- as costs.
2. The matter is with respect to the home appliances benefit scheme conducted by 1st opposite party firm. The person mentioned as Managing partner is the brother of the appellant. It is the contention of the appellant that he was not a partner in the above firm. According to him he was an employee of Federal bank and his wife is an employee of the KSEB. We find that the complainant has not produced any document to show that the opposite party is a partner. It is the case of the opposite party/appellant that the 1st opposite party was proprietory concern run by his brother who is absconding. In the absence of evidence as to establish that the appellant was a partner of the firm we find that he cannot be made liable . Hence the order of the Forum in this regard is modified to the effect that only the 1st opposite party would be liable to pay the amounts as ordered by the Forum. In the result the appeal is allowed as above.