KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAD, THIRUVANANTHAPURAM

FIRST APPEAL 818/2011

JUDGMENT DATED: 15..12..2011

PRESENT

JUSTICE SRI.K.R.UDAYABHANU         : PRESIDENT

Kerala State Housing Board,                    : APPELLANT

Kottayam Division,

Kanjikuzhy, Kottayam.

(By Adv.Saji.S.L)

        Vs.

Joseph Chacko,                                        : RESPONDENT

F4-129/GHAS,

Amalagiri.P.O.,Kottayam.

JUDGMENT

JUSTICE SRI.K.R.UDAYABHANU         : PRESIDENT

          The appellants are the opposite parties/KSHB in CC 56/2010 in the file of CDRF, Kottayam..  The appellants are under orders to refund a sum of Rs.2,51,856/- to the complainant and Rs.2000/- as costs. 

          2. The matter is with respect to the excess payment demanded and compelled to be paid by the complainant with respect to the plot purchased from the Housing Board.

          3. The evidence adduced consisted of the  proof affidavit of the complainant;  and Exts.A1 to A10.

          4. Opposite parties/Housing Board were ex-parte before the Forum.

          5. The reason mentioned for not contesting the matter before the Forum is that the case bundle was misplaced at the office of the counsel.

          6. In the circumstances and in view of the fact that the order is not a contested one the same is set aside on condition that the opposite parties pay a sum of Rs.8000/- towards cost to the complainant or deposit the same before the Forum which can be withdrawn by the complainant. On payment of cost the Forum will permit the opposite parties to contest the matter and dispose of the case. Forum will issue notice to the complainant.       

          7. The case stands posted before the Forum on 23.1.2012.

          Office will forward the copy of this order to the Forum urgently.

          JUSTICE K.R.UDAYABHANU       : PRESIDENT

ps