KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAD, THIRUVANANTHAPURAM FA.423/2006 JUDGMENT DATED: 27.8.2008 Appeal filed against the order passed by CDRF Thiruvananthapuram in OP.290/03 PRESENT JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT SMT.VALSALA SARANGADHARAN : MEMBER Kerala State Housing Board, : APPELLANT Housing Board Buildings, Thiruvananthpauram, Rep. By its Additional Secretary. (By Adv.George Mathew) Vs. I.Mathew, : RESPONDENT Plot No.52, Kalpaka Nagar, Chackai, Thiruvananthapuram-24. JUDGMENT JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT The appellant is the opposite party/Kerala State Housing Board in OP 290/03 in the file of CDRF, Thiruvananthpauram. The appellant is under orders to refund the additional security amount of Rs.6487/- with 9% interest and cost of Rs.1000/-. 2. It is the case of the complainant that he purchased a plot from the opposite party and the entire amounts were paid and the sale deed was executed after executing supplementary agreement on 5.5.93 and also after depositing additional security deposit for Rs.6487/-. According to him the land value of the scheme has been finalised by the appellant in the year 2001 itself. It is his case that after repeated requests the additional security amount was not refunded. Lawyer notice sent was not replied to. It is the case of the opposite party in the version that in LAR case NO.171/1988 a sum of Rs.25 lakhs has been deposited. But there is possibility of increase or reduction of the above amount in appeal. The State had moved the appeal against the judgment. The above amount was not taken into account in the final land value. Other allottees are not issued the title deed. 3. The evidence adduced consisted of Exts.P1 to P7. 4. The Forum has found that the appellant had not adduced any evidence to establish the case set up. The counsel for the appellant has brought the copy of the proceedings of the Secretary of the appellant to the effect that the appeal filed over the LAR NO.171/1988 has been dismissed. Hence the amount to be paid would work out Rs.26,77,899/-. We find that the appellant has not contested the case before the Forum. In the circumstance we find no reason to interfere the order of the Forum. The same is confirmed. This order will not restrain appellant from initiating steps to realise amounts if any due from the respondent/complainant. The appeal is dismissed with the above observation. JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT SMT.VALSALA SARANGADHARAN : MEMBER
......................JUSTICE SHRI.K.R.UDAYABHANU
......................SMT.VALSALA SARNGADHARAN | | 
