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