KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
VAZHUTHACAUD, THIRUVANANTHAPURAM
REVISION PETITION No.61/2017
ORDER DATED: 02.08.2022
(Against the Order in C.C.No.805/2008 of CDRF, Thrissur)
PRESENT:
HON’BLE JUSTICE SRI. K. SURENDRA MOHAN | : | PRESIDENT |
SRI. T.S.P. MOOSATH | : | JUDICIAL MEMBER |
SMT. BEENA KUMARY A. | : | MEMBER |
REVISION PETITIONERS/ OPPOSITE PARTIES:
1. | Proprietor, Joys Palace, High Luxury Business Hotel, P.O. Box No.1013, TB Road, Thrissur |
2. | General Manager, Hotel Joys Palace, High Luxury Business Hotel, P.O. Box No.1013, TB Road, Thrissur |
(by Adv. G.S. Kalkura)
Vs.
RESPONDENTS/COMPLAINANTS:
1. | Girly @ Gopika, D/o Anto Francis, Adattukaran House, Christopher Nagar, Ollur represented by Power of Attorney Holder Anto Francis, Adattukaran House, Christopher Nagar, Ollur |
2. | Anto Francis, Adattukaran House, Christopher Nagar, Ollur |
O R D E R
HON’BLE JUSTICE K. SURENDRA MOHAN: PRESIDENT
This Revision arises in Execution Proceedings. The respondents herein who are the complainants in C.C.No.805/2008 are in the process of executing the final order passed thereon by the Consumer Disputes Redressal Forum, Thrissur (hereinafter referred to as the District Forum for short). As per the order that is sought to be executed, the Revision Petitioners have been directed to pay an amount of Rs.10,108/- (Rupees Ten Thousand One Hundred and Eight), a further amount of Rs.50,000/- (Rupees Fifty Thousand) as compensation and costs of Rs.1,000/- (Rupees One Thousand) together with a direction to furnish the entire bills in connection with the transaction. Though the monetary portion of the order has been complied with, the Revision Petitioners have been directed to appear in person as per the order under Revision, for the reason that the bills relating to the transaction have not been furnished. According to the Revision Petitioners, all the bills have been produced before the District Forum, in the C.C. and have been marked in the proceedings. It is contended that since they have no further bills to be produced, the Revision Petitioners contend that they have complied with the directions contained in the order that is sought to be executed. It is without noticing the above fact that the present order directing them to appear in person has been issued. For the above reason, they seek interference with the order under Revision.
2. We have heard Advocate G.S. Kalkura who appears for the Revision Petitioners. Since the contention is that the entire bills directed to be furnished to the respondents have already been produced on the original side and marked in the C.C., it is only appropriate that the District Forum examines the said aspect before proceeding further with the Execution Proceedings. In the above view of the matter, issue of the order under Revision without examining the above aspect cannot be justified. Therefore the Revision Petitioners are entitled to succeed.
3. In the result, this Revision Petition is allowed and the order under Revision is set aside. The District Forum shall examine the correctness of the contention of the Revision Petitioners that they have already produced all the bills of the transactions on the original side itself and that the bills have been marked. If the contention is true it may not be necessary to proceed further with the execution of the order in C.C.No.805/2008. On the other hand if all the bills have not been produced on the original side as contended, fresh orders as required, for executing the order in the District Forum may be issued. Ordered accordingly.
JUSTICE K. SURENDRA MOHAN | : | PRESIDENT |
T.S.P. MOOSATH | : | JUDICIAL MEMBER |
BEENA KUMARY A. | : | MEMBER |
SL
