Kerala

StateCommission

RP/09/56

M.J.Sebastian - Complainant(s)

Versus

K.L.Antony - Opp.Party(s)

M.M.Mathew

03 Mar 2010

ORDER

Revision Petition No. RP/09/56
(Arisen out of Order Dated 10/08/2009 in Case No. CC 26/08 of District Ernakulam)
1. M.J.SebastianKerala ...........Appellant(s)

Versus
1. K.L.AntonyKerala ...........Respondent(s)

BEFORE :
HONORABLE JUSTICE SHRI.K.R.UDAYABHANU PRESIDENT
PRESENT :

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ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISISON VAZHUTHACAD, THIRUVANANTHPAURAM

 

REVISION PETITION 56/2009

ORDER DATED: 3.3.2010

PRESENT

JUSTICE SRI.K.R.UDAYABHANU  : PRESIDENT

SRI.M.K.ABDULLA SONA              : MEMBER

 

M.J.Sebastian,                                    : REVISION PETITIONER

Managing Partner,

M/s Nimbus India Elevators and Escalators,

39/4639, 3rd Floor, Zaabil Building,

R.Madhavan Nair Road, Ravipuram,

Kochi - 16.

(By Adv.M.M.Mathew)

 

        Vs.

K.L.Antony,                                       : RESPONDENT

D-1 Aroma Gardens,

Lissie Junction,

SRM Road, Kochi -18.

 

 

 

ORDER

JUSTICE SRI.K.R.UDAYABHANU  : PRESIDENT

 

The revision petitioner is the opposite party in CC.26/08 in the file of CDRF, Ernakulam.  The order sought to be revised is the one in IA. 281/09 permitting the complainant/respondent to rectify the defects of the elevator at his expense. 

          It is seen that the dispute  is with respect to the functioning of the lift in the building of the complainant.  According to him   the lift was not functioning due to defects.  He has remitted 1,75000/- before the Forum for getting the defects rectified by the opposite parties.  By the order of the Forum Rs.25,000/- was also given  to the respondent as suggested by the expert commissioner. Again the work was not properly done.  It is submitted by the complainant/respondent who appeared in person that as  permitted by the Forum he has already effected repairs of the elevator spending a sum of Rs.2,00,000/-

          In the circumstances we find that the  revision petition filed is infructuous.  Hence the revision petition is dismissed.

          Office is directed to forward the copy of the order to the Forum urgently.

 

JUSTICE SRI.K.R.UDAYABHANU  : PRESIDENT

 

 

SRI.M.K.ABDULLA SONA              : MEMBER

 

 

 

ps

 

PRONOUNCED :
Dated : 03 March 2010

[HONORABLE JUSTICE SHRI.K.R.UDAYABHANU]PRESIDENT