Kerala

Idukki

CC/28/2022

Dr Muhammed Afnan - Complainant(s)

Versus

Baiju Vivekanandan - Opp.Party(s)

16 Feb 2023

ORDER

DATE OF FILING : 08/02/2022

IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, IDUKKI

Dated this the 16^th day of February 2023

Present :

SRI.C.SURESHKUMAR PRESIDENT

SMT.ASAMOL P. MEMBER

SRI.AMPADY K.S. MEMBER

CC NO.28/2022

Between

Complainant : 1 . Dr.Muhammad Afnan, S/o Abdul Karim,

Aliyakkunnel House, Muthalakkodam P.O.,

Pattayamkavala, Thodupuzha.

2 . Dr.A.M.Abdul Karim, S/o Makkar,

Aliyakkunnel House, Muthalakkodam P.O.,

Pattayamkavala, Thodupuzha.

(By Adv.K.M.Sanu)

And

Opposite Party : Baiju Vivekananthan,

Thalappally House, Kaitharam P.O.,

Cheriyappalli, Ernakulam District.

 

ORDER IN APPLICATION FOR RECTIFICATION OF MISTAKE

SMT.ASAMOL P., MEMBER

Heard. This is an application filed by complainant for rectification of mistake which happened due to clerical error in the concluding portion of the order. Under Sec.40 of Consumer Protection Act 2019, the district Commission has the power to review any of the order passed by it if there is an error apparent on the face of the record, either on its own motion or on an application made by any of the parties within 30 days of such order. Accordingly, concluding portion of the order is to be rectified which is mistakenly stated in the sentence as the words “from the date of payment until realization” instead of “ from the date of order until realization”. This happened due to the clerical mistake. Therefore, it has to be rectified. Hence, the application is allowed. Accordingly, in gist of the order as shown as (a) Point is rectified as hereunder:-

 

(Cont.....2)

-2-

 

(a) Opposite party is hereby directed to pay sum of Rs.7,61,668.68/- rounded off to Rs.7,61,670/- towards rectification of damages and Rs.25,000/- as compensation for deficiency in service with interest @ 12% per annum from the date of order until realization. Parties are directed to produce copies of orders taken by them for incorporating correction.

Pronounced by this Commission on this the 16^th day of February, 2023.

 

Sd/-

SMT.ASAMOL P., MEMBER

Sd/-

SRI.C.SURESHKUMAR, PRESIDENT

Sd/-

SRI.AMPADY K.S., MEMBER

 

 

Forwarded by Order

 

 

ASSISTANT REGISTRAR