KERALA STATE CONSUMER DISPUTES REDRESSAL 

     COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

                                              APPEAL  NO: 166/2010

                              JUDGMENT DATED:20..04..2010

PRESENT

JUSTICE SHRI.K.R.UDAYABHANU                :  PRESIDENT

SHRI.M.K. ABDULLA SONA                                      : MEMBER

C.Krishnakumary,

D/o Narayana Pillai,

Sarika, Pukkulam, Koonayil,                               : APPELLANT

South Paravoor.P.O, Kollam.

(By Adv:Sri.P. Rajmohan)

          Vs.

1.The Asst. Engineer,

  KSEB, Electrical Major Section,

  Paravoor.

                                                                             : RESPONDENTS

2.The Secretary,

  KSEB, Vydhyuthi Bhavan,

  Pattom, TVPM.

                                      JUDGMENT

JUSTICE SHRI.K.R.UDAYABHANU:  PRESIDENT

The appellant is the complainant in CC:127/07 in the  file of CDRF, Kollam.  The complaint has been dismissed holding that the same is not maintainable as RR proceedings have already been initiated and that RR proceedings started meant that the sovereign functions began and hence the Forum has no jurisdiction.

2. We find that the finding of the Forum is incorrect.  Sovereign functions and RR proceedings has no connection.  It is the basis for initiating the RR proceedings that has been questioned.  Hence the finding of the Forum is set aside.

3. It is also seen that the entire evidence has been adduced that consisted of the testimony of PW1 to PW3, DW1,Ext.P1 and Ext.D1.

4. The Forum is directed to dispose of the case on merits.

5. The matter stands posted before the Forum on 28/5/2010.

The office is directed to forward a copy of this order to the Forum urgently.

JUSTICE K.R.UDAYABHANU:  PRESIDENT

M.K. ABDULLA SONA : MEMBER

VL.