Kerala

StateCommission

RP/15/27

k a stella - Complainant(s)

Versus

executive engineer kerala state housing board - Opp.Party(s)

unnikrishnan v

20 Jul 2016

ORDER

 

KERALA STATE CONSUMER DISPUTES REDRESSAL

COMMISSION  VAZHUTHACAUD, THIRUVANANTHAPURAM

REVISION PETITION.27/15

ORDER  DATED:20.07.2016

 

PRESENT : 

JUSTICE SHRI. P.Q. BARKATHALI                         :  PRESIDENT

K.A. Stella, W/o Augustine,

Pallupetta House, Plot No.3,

Housing Board Colony,                                                   : REVISION PETITIONER

Chalakkudy.           

 

(By Adv: Sri. Unnikrishnan V)

 

            Vs.

 

1. The Exe. Engineer,

Kerala State Housing Board,

Division Office, Ayyanthole,

Thrissur, PIN-680 003.

                                                                                                : RESPONDENTS

2. KSHB Repd. By Secretary,

Santhi Nagar, TVPM.

 

(by Adv: Sri. S. Shanavas)          

 

ORDER

HON.JUSTICE.P.Q.BARKATHALI : PRESIDENT

 

This is a revision petition filed by the complainant in CC.1047/2005 on the file of Consumer Disputes Redressal Forum, Thrissur challenging the order of the Forum dated February 25, 2015 in I.A.50/15 in so far as it disallowed the prayer of the complainant to enhance the claim of compensation from Rs.25,000/- to Rs.5,00,000/-.

2.      Revision petitioner is the complainant in the complaint.  He filed the complaint seeking return of Rs.1,55,572/- being the amount additionally charged by the opposite parties, Kerala State Housing Board in the housing loan availed by him.  During the pendency of the complaint with the permission of the Forum, the complainant demolished the building as it was of poor quality and rebuilt the same.  Therefore he filed I.A.50/15 to amend the claim and to enhance compensation from Rs.25,000/- to Rs.5,00,000/-.  Forum allowed the petition, but refused the amendment regarding enhancement of compensation by the impugned order.  Complainant has come up in revision challenging the said order of the Forum.

3.      Heard both sides.

4.      The main contention raised by the respondents/opposite parties is that no reason is stated in the petition to enhance the claim of compensation.  But admittedly during the pendency of the complaint with the permission of the Forum the complainant demolished the building and rebuilt the same.  Therefore he is perfectly entitled to enhance the claim of compensation from Rs.25,000/- to Rs.5,00,000/-.  Therefore we are of the view that Forum is not justified in rejecting the said amendment.

In the result revision petition is allowed.  The impugned order of the Forum in I.A.50/15, dated February 25, 2015 is modified to the effect that complainant is permitted to amend the complaint and enhance the compensation from Rs.25,000/- to Rs.5,00,000/-.

 

 

JUSTICE P.Q. BARKATHALI:  PRESIDENT

 

VL.