KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

VAZHUTHACAUD, THIRUVANANTHAPURAM

REVISION PETITION No. 95/2022

ORDER DATED: 14.12.2023

(Against the Order in I.A. 248/22 in C.C. 32/2022 of CDRC, Kannur)

PRESENT:

HON’BLE JUSTICE SRI. K. SURENDRA MOHAN     : PRESIDENT

SRI. AJITH KUMAR D.                                                    : JUDICIAL MEMBER

SRI. RADHAKRISHNAN K.R.                                        : MEMBER

REVISION PETITIONER:

Sreejith, S/o Sreedharan, Madathil Chirammal House, Thiruvangad P.O., Thiruvangad, Thalassery, Kannur-670 103.

(By Adv. R. Suja Madhav)

                                                Vs.

RESPONDENT:

Amjith C., S/o C. Damu, Cheerundiyil Veedu, Chirakkara, Thalassery, represented by its P/A holder Vijith C.

(By Advs. Vaisakh Subodhan & Vishnu S. Panicker)

ORDER

HON’BLE JUSTICE SRI. K. SURENDRA MOHAN : PRESIDENT

This revision is filed by the opposite party in C.C. No. 32/2022 of the Consumer Disputes Redressal Commission, Kannur (District Commission for short).  The revision petitioner is aggrieved by an order dated 21.11.2022 of the District Commission in I.A. No. 248/2022.  As per the order under revision, the Interlocutory Application referred to above filed for an order to remit the commission report for conducting a fresh inspection of the disputed building with the assistance of a Civil Engineer has been rejected.  The counsel for the respondent/complainant submits that without going into the merits of the contentions raised against the sustainability of the order under revision, there is no objection to the revision being allowed and a fresh inspection of the building being conducted as sought for by the revision petitioner.  It is submitted that such a stand is taken only with the object of ensuring that the proceedings are finally disposed of expeditiously.

In view of the above stand adopted by the counsel for the respondent herein, we are inclined to dispose of this revision petition as submitted by the counsel on both sides.  This revision petition is accordingly allowed.  The order under revision is set aside and I.A. No. 248/2022 in C.C. No. 32/2022 is allowed.  The Advocate Commissioner, Adv. Santhosh Kumar P. is directed to inspect the disputed building afresh with the assistance of a Civil Engineer and to submit the report before the District Commission on the matters sought to be ascertained in the commission application.  The inspection shall be conducted as expeditiously as possible and report shall be filed before the District Commission without delay.  This revision is disposed of accordingly.

JUSTICE K. SURENDRA MOHAN  : PRESIDENT

                                    AJITH KUMAR D.: JUDICIAL MEMBER

jb                                                                                                RADHAKRISHNAN K.R.  : MEMBER