NCDRC

NCDRC

FA/5/2010

M/S. OMEGA ELEVATORS & ANR. - Complainant(s)

Versus

KERALA STATE ELECTRICITY BOARD & ANR. - Opp.Party(s)

MR. H.B. SHAH

22 Jan 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIFIRST APPEAL NO. 5 OF 2010
(Against the Order dated 29/10/2009 in Complaint No. 6/2007 of the State Commission Kerala)
1. M/S. OMEGA ELEVATORS & ANR.4, Kurien Tower, 3rd Floor, Banerjee RoadKochiKerala - 682 018 ...........Appellant(s)
Versus
1. KERALA STATE ELECTRICITY BOARD & ANR.Rep. by its Secretary Vydyuthi Bhavanam PattomThiruvananthapuram2. KSE BOARDChief Engineer (Civil) Construction, South, KSE Board, Vydyuthi Bhavanam, PattomThiruvananthapuram ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE R.K. BATTA ,PRESIDING MEMBER
For the Appellant :MR. H.B. SHAH
For the Respondent :NEMO

Dated : 22 Jan 2010
ORDER

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Heard Counsel for the Appellant. According to Counsel for the Appellant the judgement in Harsolia Motors v/s. National Insurance Company I (2005) CPJ 27 (NC) upon which reliance has been placed before the State Commission is not attracted in the facts and circumstances of the case under consideration which are distinguishable. The State Commission has examined the same issue which has been raised in greater detail and has after placing reliance on the judgement of Harsolia Motors (Supra) has rejected the submission made on behalf of Opposite Party. I am in complete agreement with the findings of the State Commission and in my opinion the matter is fully covered by the judgement in Harsolia Motors (supra) and the order passed by the State Commission does not call for any interference as I do not find any reason to take a different view of the matter. The First Appeal is, accordingly, dismissed in limini with no order as to costs.


......................JR.K. BATTAPRESIDING MEMBER