KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD THIRUVANANTHAPURAM FA.150/06 JUDGMENT DATED.30.10.08 PRESENT SRI.S.CHANDRAMOHAN NAIR -- MEMBER SRI.M.K.ABDULLA SONA -- MEMBER 1. The Chief Postmaster General, Kerala Circle, Tiruvananthapuram. 2. The Supdt. Of Post officers, Thiruvalla Division, Thiruvalla. 3. Postmaste, -- APPELLANTS Aranmula Post office. (By Adv.M.P.Sasidharan Nair Vs. 1. K.K.Sarasamma, Keezhpalakkal veedu, Erumakkad.P.O -- RESPONDENTS Vallana. 2. Subaida Beevi, Thinamkalayil Veedu, Erumakkad.P.O, Vallana, Pathanamthitta Dist. JUDGMENT SRI.S.CHANDRAMOHAN NAIR,MEMBER The short question to be answered by us in this appeal is the legality and sustainability of the order directing the opposite parties to pay Rs.2500/- as costs to the complainant when the complaint was dismissed by the forum. 2. By the order dated.31.8.05 of CDRF, Pathanamthitta in OP.68/03 the complaint was dismissed as against the opposite parties 1 to 4 and the opposite parties 1 to 3 were jointly and severally held liable to pay Rs.2500/- as costs to the complainant. 3. The representative of the appellant challenged the order contending that when the complaint itself fails it is improper and illegal on the part of the Forum below to award costs for the litigation that was dismissed on cogent grounds. 4. It is also submitted before us that when the complaint was dismissed the forum ought to have directed the complainants to pay costs to the opposite parties. However it is his very case that the direction of the forum to pay cost of Rs.2500/- is to be set aside. 5. We are not going into detailed aspects of the case as it is noted that the complaint was dismissed by the forum on merits. The relevant portion directing the opposite parties to pay cost is extracted below. “This O.P. is dismissed as against opposite parties 1 to 4 but by awarding cost of Rs.2,500/- to the complainant to be paid by the opposite parties 1 to 3 jointly and severally. The opposite parties 1 to 3 are directed to pay the cost so ordered and the cost will have to be paid to the complainant jointly and severally within 2 months from the date of receipt of the order.” 6. On hearing the representative of the appellants, we find force in his argument that the forum has gone wrong in awarding costs when the complaint itself is dismissed. We feel that such a direction of the forum below to pay costs is un-sustainable when the complaint is dismissed. In the result, the appeal is allowed setting aside the direction to pay cost as contained in the order dated..31.8.05 in OP.68/03 of CDRF, Pathanamthitta. However, there is no order as to costs in the present appeal. SRI.S.CHANDRAMOHAN NAIR -- MEMBER SRI.M.K.ABDULLA SONA -- MEMBER S/L
......................SMT.VALSALA SARNGADHARAN
......................SRI.M.V.VISWANATHAN | | 
