IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Saturday the 21st day of July, 2012
Filed on 18.05.2012
Present
- Sri. K. Anirudhan (Member) (President-in-charge)
- Smt. N. Shajitha Beevi (Member)
in
C.C.No.169/2012
IA No.97/2012
between
Complainant:- Opposite Parties:-
Rani Sebastian 1. The Asst. Commissioner (Intelligence)
Kunnumpurathu Veedu Commercial Taxes, Kollam – 690 001 Kallimel P.O., Mavelikara
Now residing at :- 2. The Commercial Tax Officer
Kurissummoottil, Panachikavu P.O. Commercial Tax Office, Chengannur
Nadumuriyil, Changanasserry
Kottayam
O R D E R
SRI. K. ANIRUDHAN (MEMBER) (PRESIDENT-IN-CHARGE
Smt.Rani Sebastian has filed this complaint before the Forum, against the opposite parties alleging deficiency in service on the side of the opposite parties. She has also filed an IA No.97/12 before the Forum, for getting an interim order, restrained the opposite parties from taking any further proceedings for imposing Tax penalty initiated against her by the opposite parties till the disposal of the petition. In order to get the interim order, her counsel appeared before the Forum President and obtained a stay order vide dt. 21.5.2012. After issuing the interim stay against the opposite parties, the Forum President posted the IA No.97/12 to 21.7.2012 for hearing. On 21.7.2012 the complainant present in Forum. Her counsel also present. When clarified the details of this case from the complainant, she has submitted that she has not obtained any notice from the opposite parties in connection with the tax payment, in respect of the industrial unit M/s.Kunnupuram Metal Industries. She has submitted that her husband Sri.Stanley is the Promoter of industrial unit M/s.Kunnupuram Metal Industries. She has not directly involved in the unit. Since there is discrepancy in the actual name of the complainant, the Forum clarified the same from the complainant. She has further submitted that her actual name is Rani Sebastian and not Rani Stanley. (Her name is different in the complaint and notice sent by the opposite parties in connection with the supply of copies of certain documents required by her) when clarified the details of the Writ OPs., pending before the Hon’ble High Court of Kerala and interim order thereon, she has submitted that she has the knowledge of cases pending before the Hon’ble High Court of Kerala and interim orders thereon. But her complaint before the Forum, is silent with regards to the cases pending before the Hon’ble High Court of Kerala and the interim order. Without disclosing the cases before the Hon’ble High Court and the interim order (filed by her father-in-law Sri. Sebastian) she has filed the case before the Forum, and obtained interim order against the opposite parties’ proceedings for recovery of Sales tax arrear. On a detailed verification of the entire matter of this case, it can be been that the complainant Sri.Rani Sebastian has no cause of action against the opposite parties and she is not entitled to get any interim relief prayed for in the complainant. On 21.7.2012, at the time of hearing, she has also submitted that she has no cause of action against the opposite parties, since the tax arrear proceedings initiated against her husband and father-in-law.
In this context, on a verification of the entire facts of this case and upon hearing the explanation regarding the complaint, it can be seen that Smt.Rani Sebastian has no cause of action to file this complaint, since the cases before the Hon’ble High Court of Kerala and the interim order of the Hon’ble High Court is now pending. But she has filed this complaint without any cause of action, and suppressing the cases before the Hon’ble High Court and interim order. In this context, it is to be noticed that she has filed this complaint, before the Forum and obtained the interim order in an unfair manner. So she is not entitled to get any relief, since she has no cause of action to file this complaint before the Forum and she has drag on the opposite parties before this Forum unnecessarily. The special Govt. Pleader (Taxes) has informed the Forum that nearly Rs.2 crores are to be realized from the petitioner’s industrial unit noted above. All the facts further shows that she is not a consumer and the opposite parties are not the service provider. In this ground also, her complaint has no merit and it cannot be allowed. Considering the entire aspects of this case, we are of the view that her complaint is to be treated as frivolous and vexatious complaint and she is fully entitled to pay costs to the opposite parties, Under Section 26 of the Consumer Protection Act, 1986. In this context, the complaint is dismissed with a costs of Rs.10,000/- payable by the complainant to the opposite parties. The interim order issued by the President alone is hereby stands vacated.
In the result, we hereby direct the complainant to pay a cost of Rs.10,000/- (Rupees ten thousand only) to the opposite parties U/s 26 of the Consumer Protection Act, 1986, since she has filed this complaint, before the form without any cause of action and any bonafides and for suppressing the facts regarding the cases pending before the Hon’ble High Court of Kerala and interim orders thereon in connection with the industrial unit run by the complainant’s husband and her father-in-law. We further ordered that the complainant shall pay the costs noted above, to the opposite parties within 30 days from the date of receipt of this order. We further ordered that if the complainant has violated this order regarding the payment of the costs noted above, with 30 days from the date of receipt of this order, opposite parties are free to proceed against the complainant for the realization of the said amount by way of RR proceedings. We further ordered that if the complainant has violated this order, the opposite parties are entitled to get interest at the rate of 18% from the date of this order till the realization of the amount, for the said amount of costs.
We direct the Registry of this Forum, to send a copy of this order forthwith to the Secretary (Taxes), Government Secretariate, Thiruvananthapuram for taking further necessary steps.
Pronounced in open Forum on this the 21st day of July, 2012.
Sd/- Sri. K. Anirudhan (President-in-charge)
Sd/- Smt.N.Shajitha Beevi:
Appendix:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:- pr/-
Compared by:-
