Kerala

StateCommission

A/08/9

Kerala State Housing Board - Complainant(s)

Versus

C.P.Vijayan - Opp.Party(s)

Saji.S.L

07 Jul 2009

ORDER


Cause list
CDRC, Trivandrum
Appeal(A) No. A/08/9

Kerala State Housing Board
...........Appellant(s)

Vs.

C.P.Vijayan
...........Respondent(s)


BEFORE:
1. SRI.M.K.ABDULLA SONA

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


For the Appellant :


For the Respondent :




ORDER

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KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
VAZHUTHACAD, THIRUVANANTHAPURAM
 
FA.9/08
JUDGMENT DATED 7.7.09
Appeal filed against the order passed by CDRF, Kannur in OP.38/04
PRESENT
JUSTICE SRI.K.R.UDAYABHANU   : PRESIDENT
SMT.VALSALA SARANGADHARAN        : MEMBER
 
 
Kerala State Housing Board,                             : APPELLANT
Housing Board Builidngs,
Thiruvananthpauram,
Rep.by the Addl.Secretary,(FAC).
(By Adv.Saji.S.L)
     Vs.
 
Sri.C.P.Vijayan,                                          : RESPONDENT
S/o Chandu Nair,
Central School Teacher,
C-7-43, Kairali Nagar Housing Colony,
Thottada, Kannur.
(By Adv.Santhamma Issac)
JUDGMENT
JUSTICE SRI.K.R.UDAYABHANU   : PRESIDENT
 
 
          The appellant Kerala State Housing Board is the opposite party in OP 38/04 in the file of CDRF, Kannur. The appellant is under orders to execute the sale deed and also to pay a compensation of a sum of Rs.10,000/- and cost of Rs.2000/-. 
2. The grievance of the complainant is that the complainant is not executing the sale deed despite the deposit of the sale consideration. He had also disputed the direction of the Housing Board to deposit the amounts with respect to the amount incurred as per the order in the LAR proceedings. 
3. It is submitted by the counsel for the respondent the entire amounts as contended by the opposite party/appellant were deposited subsequently. The counsel has also produced the copy of the receipts in this regard.
          4. The counsel for the appellant submitted that the appellant is willing to execute the sale deed.    The counsel has sought for getting reduced the amount of compensation.
          5. In the circumstance and in view of the fact that the matters in dispute have been settled it is ordered that the appellant will execute the sale deed at the earliest at any rate within 3 months from the date of receipt of this order. If the sale deed is executed within the period as directed above the appellant would be liable to pay only a sum of Rs.5000/- as compensation and cost of Rs.2000/-. If the execution is further delayed the appellant would be liable to pay the entire amounts of compensation as ordered by the Forum. The appeal is disposed of as above.
 
            JUSTICE SRI.K.R.UDAYABHANU   : PRESIDENT
 
 
SMT.VALSALA SARANGADHARAN        : MEMBER
 



......................SRI.M.K.ABDULLA SONA