Kerala

StateCommission

450/2005

N.C.Alexander - Complainant(s)

Versus

C.G.Ravi - Opp.Party(s)

M.Shjahan

27 Mar 2010

ORDER

First Appeal No. 450/2005
(Arisen out of Order Dated 18/02/2005 in Case No. 226/2004 of District Kottayam)
1. N.C.Alexander Nelpura House,Indira Nagar,Devalokam P.O,Kottayam
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ORDER

 

KERALA STATE CONSUMER DISPUTE REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM
Appeal . No.450/2005
 
JUDGMENT DATED : 27.03.2010
 
 
 
PRESENT:-
 
 
SMT.VALSALA SARANGADHARAN           :          MEMBER
 
SHRI.S.CHANDRA MOHAN NAIR :          MEMBER
 
 
N.C.Alexander,                             :     APPELLANT
    Nelppura House,
     Indira Nagar, Devalokam.P.O.
     Kottayam.
 
(By Adv.Smt.Anitha.V.R.)
 
 
Vs 
 
1.     C.G.Ravi, S/o.Govindan,
Cheruplakkiyil House, Kadappoor,             :     RESPONDENTS
Kottayam District.
 
2.     The Divisional Railway Manager(Commerical),
 Southern Railway,
 Thiruvananthapuram.
 
3.     The Station Master,
 Railway Station, Ettumanoor,
 Kottayam.
 
Additional Respondents
 
4.     Shyja Rani, W/o.the late C.C.Ravi,
Cheruplakkiyil House,
 Kadappoor, Kottayam.
 
5.     Devika Rani, D/o.Shyja Rani,
 Cheruplakkiyil House,
 Kadappoor, Kottayam represented
 by her mother Shyja Rani.
 
6.     Appukuttan, S/o.Shyja rani,
 Cheruplakkiyil House,
 Kadappoor, Kottayam rep.
 by his mother Shyja Rani.                    
 
 
(1st respondent rep.by Adv.Sri.A.K.Babu)
 
 (4th, 5th & 6th respondents rep.by Adv.Arun.G)
 
 
ORDER
 
 
 
SMT.VALSALA SARANGADHARAN : MEMBER
 
 
          This appeal is filed from the order dated 18.02.2005 in O.P.No.226/2004 on the file of CDRF, Kottayam. The appellant is the 3rd opposite party.   The impugned order has been passed against the 3rd opposite party directing payment of Rs.25,500/- to the original complainant, Mr.Ravi.  During the pendency of the present appeal 1st respondent/complainant died and his legal heirs have been impleaded as additional respondents 4 to 6. The additional 4th  respondent is the wife and additional respondents 5 and 6 are the minor children of the complainant/1st respondent.
 
          The parties to the present appeal settled the matter and a compromise petition is filed by the appellant and the additional respondents 4 to 6. The additional 4th respondent being the guardian of the minor additional respondents 5 and 6 signed the compromise petition on her own behalf and on behalf of the minor additional respondents 5 and 6. As per the compromise petition the additional 4th  respondent is permitted to accept the amount of Rs.12,750/- which was deposited by the appellant vide D.D.No.263027 dated 12.04.2005 and to dismiss the complaint filed in O.P.226/04 on the file of CDRF, Kottayam. The parties have also agreed to suffer their respective costs. So this Commission is pleased to record the aforesaid compromise petition filed in this appeal.
 
                    In the result, the appeal is disposed of as settled. In the light of the terms of the compromise the amount of Rs.12,750/- deposited by the appellant vide D.D.No.263027 dated 12.04.2005 drawn on the ING Vysya Bank Limited, Kottayam Branch (payable at Thiruvananthapuram) will be disbursed to Additional 4th respondent on her own behalf and on behalf of the minor additional respondents 5 & 6.  Thereby the complaint in O.P.226/2004 in the file of CDRF, Kottayam is dismissed. The parties are directed to suffer their respective costs through out.
 
 
 
 
VALSALA SARANGADHARAN           :          MEMBER
 
 
 
 
 
S.CHANDRA MOHAN NAIR :          MEMBER
 
 
 
 
 
 
Kb.
PRONOUNCED :
Dated : 27 March 2010

[HONORABLE SRI.S.CHANDRAMOHAN NAIR]PRESIDING MEMBER[HONORABLE SMT.VALSALA SARNGADHARAN]Member