DISTRICT CONSUMER DISPUTES REDRESSAL FORUM MALAPPURAM consumer case(CC) No. CC/08/110
PRAKASAN, S/O. GOVINDAN
...........Appellant(s)
Vs.
ASST. ENGINEER, KSEB SECRETARY
...........Respondent(s)
BEFORE:
1. AYISHAKUTTY. E 2. C.S. SULEKHA BEEVI
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
By Smt. C.S. Sulekha Beevi, President, 1. Taken on file as per orders in out of order petition I.A.166/08. Today heard the counsel for complainant on the question of maintainability. I.A.177/08 is filed for interim orders. Exts.A1 and A2 series (2 Nos.) marked. Ext.A1 is the order of this Forum dated, 15-02-08 in O.P.No.121/01. The allegation of the complainant herein is that even after Ext.A1 order of this Forum, opposite party has not complied with the order and is still issuing bills in LT.VII A tariff. Complainant therefore, in the present case, seeks direction to issue bills in LT VII B tariff and to cancel Ext.A2 bills which are issued to him after Ext.A1 order. Contention of complainant in O.P.No.121/01 as well as in this case is that he can be charged only under LT VII B tariff and not under LT VII A. this issue has already been adjudicated and finally decided by this Forum in O.P.No.121/01 and has passed order against opposite party to change the tariff from LT VII A to LT VII B. The parties as well as the subject matter in O.P.No.121/01 and this case are the same. Since the matter directly and substantially in issue has already been adjudicated and finally decided in O.P.No.121/01. We find that this case is barred by resjudication. From the above discussions we dismiss the complaint as not maintainable. I.A.No.117/08 for interim orders also disposed accordingly. We make no order as to costs. Dated this 15th day of May, 2008. Sd/- C.S. SULEKHA BEEVI, PRESIDENT Sd/- E. AYISHAKUTTY, MEMBER APPENDIX Witness examined on the side of the complainant : Nil Documents marked on the side of the complainant : Ext.A1 and A2 Ext.A1 : Photo copy of the order of this Forum dated, 15-02-08. Ext.A2(series) : Demand and disconnection notice dated, 18-02-08 and 18-4-2008 issued by 1st opposite party to complainant. Witness examined on the side of the opposite parties : Nil Documents marked on the side of the opposite parties : Nil Sd/- C.S. SULEKHA BEEVI, PRESIDENT Sd/- E. AYISHAKUTTY, MEMBER
......................AYISHAKUTTY. E ......................C.S. SULEKHA BEEVI
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