Kerala

StateCommission

A/15/569

THE GENERAL MANAGER KERALA STATE HOUSING BOARD - Complainant(s)

Versus

AMMUKUTTIYAMMA - Opp.Party(s)

S SHANAVAS

28 Feb 2018

ORDER

KERALA STATE CONSUMER DISPUTES REDRESAL COMMISSION SISUVIHARLANE VAZHUTHACADU THIRUVANANTHAPURAM

APPEAL NO.569/15

JUDGMENT DATED : 28.02.2018

 

(Appeal filed against the order in CC.No.324/14 on the file of CDRF, Idukki order dated : 30.03.2015)

PRESENT

 

SRI.T.S.P.MOOSATH             : JUDICIAL MEMBER

 

SRI.V.V.JOSE                       : MEMBER

 

APPELLANTS
 

1. The General Manager, Kerala State Housing Board, District

Office,Vengalloor, Thodupuzha, Idukki

 

2. The Account Officer, Kerala State Housing Board, District

Office,Vengalloor, Thodupuzha, Idukki

 

3. The Special Deputy Collector, Kerala State Housing Board,

Santhi Nagar, Thiruvananthapuram

           

          (By Adv.Sri.S.Shanavas)

 

                                                                                VS

RESPONDENT

 

            Ammukuttiamma, W/o.Late K.P.Gopalan Achari,

            Karimattathil house, Kudayathoor.P.O.Idukki District

 

JUDGMENT

 

SRI.T.S.P.MOOSATH                        : JUDICIAL MEMBER

                   Appellants are the respondents before the CDRF, Idukki. They have challenged the Order passed by the Lower Forum dated 30.03.2015. It is seen that the appellants were made exparte in the Lower Forum. Even though the grounds mentioned in the appeal memorandum by the appellants for not appearing before the Lower Forum are not sufficient, we consider that an opportunity has to be given to the appellants to contest the matter on merits and an Order has to be passed by the Lower Forum on merits. However, the inconveniences and difficulties that may be caused to the respondent/ complainant in the lower Forum, due to the delay that may be caused in disposing the complainant finally has to be compensated. Hence the appeal is allowed by setting aside the Order of the lower Forum and the matter is remanded to the lower Forum for fresh consideration on condition that the appellant shall deposit of Rs.10,000/- (Rupees Ten thousand only) before the lower Forum within a period of three weeks and produce the receipt of the same before this Commission. If the amount is deposited it shall be given to the respondent / complainant in the lower Forum. Call on 27.03.2018.

T.S.P.MOOSATH                   : JUDICIAL MEMBER

 

V.V.JOSE                              : MEMBER

 

 

Be/

 

 

 

27.03.2018

 

           Read the Order dated 28.02.2018. The counsel for the appellant submitted that the appellant had deposited the amount of Rs 10,000/- (Rupees Ten thousand) before the lower forum as directed by the Commission and he had shown the receipt of the same and he submitted that he shall produce the same in the office.

           In the result, the appeal is allowed and the Order of the CDRF, Idukki in CC.No.224/14 dated 30.03.2015 is set aside. The matter is remanded to the lower forum for fresh consideration, after giving opportunity to both parties to adduce the evidence and hearing the matter. The lower Forum on receipt of the records from the Commission, shall post the case after issuing notice to both sides. Sent the records to the CDRF, Idukki.

     

 

 

 

T.S.P.MOOSATH                   : JUDICIAL MEMBER

 

V.V.JOSE                              : MEMBER

 

 

Be/

 

 

 

 

 

 

 

 

 

 

 

KERALA STATE

CONSUMER DISPUTES

REDRESAL COMMISSION

SISUVIHARLANE

VAZHUTHACADU

THIRUVANANTHAPURAM

 

APPEAL NO.569/15

JUDGMENT DATED : 28.02.2018