Kerala

Palakkad

CC/09/154

D. Bharathan - Complainant(s)

Versus

K. Balakrishnan - Opp.Party(s)

31 Dec 2009

ORDER


CONSUMER DISPUTES REDRESSAL FORUM
Civil Station, Palakkad, Kerala Pin:678001 Tel : 0491-2505782
consumer case(CC) No. CC/09/154

D. Bharathan		 ...........Appellant(s)

Vs.

K. Balakrishnan		 ...........Respondent(s)


BEFORE:
1. Smt.Bhanumathi.A.K 2. Smt.Preetha.G.Nair 3. Smt.Seena.H

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




ORDER

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DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

Civil Station, Palakkad – 678 001, Kerala

Dated this the 31st day of December, 2009


 

Present: Smt.Seena.H, President

Smt.Preetha.G.Nair, Member

Smt.Bhanumathi.A.K, Member

CC No.154/2009

D.Bharathan,

S/o.Late M.K.Damodharan,

Devi Flat No.FF2,

9/11, Near Mathrubhumi Press,

Puthur P.O, C.N.Puram,

Palakkad. - Complainant

(Party in person)


 

Vs


 

K.Balakrishnan,

Elanthian Enclave,

24/60, Pushpanjali,

P.O.Kunnathurmedu,

Palakkad. - Opposite party

(By Adv.M.R.Manikantan)

 


 

O R D E R

By Smt.Seena.H, President


 

Complaint is regarding the deficiency in service on the part of the opposite party in not providing the amenities in connection with the allotment of a flat. It is the case of the complainant that opposite party as the owner of the flat failed to make necessary repairs in the flat and failed to make provision for getting water in the 1st floor.


 

2. Opposite party entered appearance and filed version. The main contention of the opposite party is regarding the maintainability of the complaint before the forum. It is contented inter alia that lease agreement between the complainant and the opposite party expired on 31/12/2008. Since the complainant failed to vacate

the premises, opposite party has filed a complaint before the Rent Control Court at Palakkad.


 

3. Heard both parties regarding maintainability. On verification of the lease agreement signed between the complainant and opposite party it is seen that the agreement has expired on 01/01/2009. Present complaint is filed on 12/11/2009. Hence the relationship of the complainant and opposite party has been terminated on 01/01/2009. Further opposite party has contented that a petition for eviction has been filed against the complainant in the Rent Control Court. Hence we find that the present complaint is not maintainable.


 

4. Hence without going into the merits of the case, we dismiss the complaint.


 

5. Pronounced in the open court on this the 31st day of December, 2009.


 

Sd/- Seena.H,

President

Sd/-

Preetha.G.Nair,

Member

Sd/-

Bhanumathi.A.K,

Member




......................Smt.Bhanumathi.A.K
......................Smt.Preetha.G.Nair
......................Smt.Seena.H