Kerala

StateCommission

RA/16/2023

ADLUX MEDICITY CONVENTION CENTRE PVT LTD - Complainant(s)

Versus

G PADMAKUMAR - Opp.Party(s)

09 Aug 2023

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
THIRUVANANTHAPURAM
 
Review Application No. RA/16/2023
( Date of Filing : 18 Jul 2023 )
In
First Appeal No. A/268/2023
 
1. ADLUX MEDICITY CONVENTION CENTRE PVT LTD
ADLUX JUNCTION KARUKUTTY NH 47 ANGAMALY ERNAKULAM 683576
...........Appellant(s)
Versus
1. G PADMAKUMAR
GIRIJA MANDIR THOTTAKATTUKARA ALUVA ERNAKULAM
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. SRI.AJITH KUMAR.D PRESIDING MEMBER
  SRI.RADHAKRISHNAN.K.R MEMBER
 
PRESENT:
 
Dated : 09 Aug 2023
Final Order / Judgement

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

VAZHUTHACAUD, THIRUVANANTHAPURAM

REVIEW APPLICATION No. 16/2023 in APPEAL No. 268/2023

ORDER DATED: 09.08.2023

PRESENT:

SRI. AJITH KUMAR D.                                                    : JUDICIAL MEMBER

SMT. BEENA KUMARY. A                                              : MEMBER

SRI. RADHAKRISHNAN K.R.                                        : MEMBER

REVIEW PETITIONERS:

 

  1. Adlux Medicity & Convention Centre Pvt. Ltd. represented by its Managing Director, Adlux Junction, Karukutty, NH 47, Angamaly, Ernakulam-683 576.

 

  1. Antony David, S/o Devassi, Manager (F&B), Adlux Medicity & Convention Centre Pvt. Ltd., Adlux Junction, Karukutty, NH 47, Angamaly, Ernakulam-683 576.

(By Advs. Vakkom N. Vijayan & Aniyan P.)

 

                                                Vs.

RESPONDENT:

 

G. Padmakumar, S/o Gopala Krishna Pilla, Girija Mandir, Thottakattukara, Aluva, Ernakulam.

 

ORDER

SRI. AJITH KUMAR D. : JUDICIAL MEMBER

This is an application filed by the appellants to review the order in I.A No. 540/2023 in Appeal No. 268/2023 of this Commission.

2.  On 22.05.2023 conditional stay was ordered on depositing Rs. 40,000/- before the District Commission.  The total amount ordered by the District Commission was Rs. 56,000/-.  The petitioners had already deposited             Rs. 14,000/-.  The condition to pay further Rs. 40,000/- for stay is an error apparent on the face of the record which is sought to be reviewed.

3.  Heard the counsel for the petitioner, perused the records.  For granting an order of stay normally a condition to deposit 50% of the amount ordered by the District Commission is being insisted upon.  Here an error occurred in typing Rs. 40,000/- instead of Rs.14,000/-  and the petitioners were directed to deposit more amount.  No litigant should suffer hardship on account of the fault of the Commission.  Hence the error has to be rectified.

4.  The amount to be deposited before the District Commission is reviewed as Rs. 14,000/- instead of Rs. 40,000/-.  Office shall issue a fresh order by incorporating the correction as ordered in this petition.

In the result, the petition is allowed by rectifying the error occurred.

 

            AJITH KUMAR  D. : JUDICIAL MEMBER

 

                                                                        BEENA KUMARY. A         : MEMBER

 

                                                                        RADHAKRISHNAN K.R.  : MEMBER

 

jb

 
 
[HON'BLE MR. SRI.AJITH KUMAR.D]
PRESIDING MEMBER
 
 
[ SRI.RADHAKRISHNAN.K.R]
MEMBER
 

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