KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD THIRUVANANTHAURAM REVISION NO.05/2010 ORDER DATED 26.7.2010 PRESENT JUSTICE SHRI.K.R.UDAYABHANU -- PRESIDENT SRI.S.CHANDRAMOHAN NAIR -- MEMBER Sobhakumar Sobhanilayam Bungalow Perumthottamkinattuvila, Mulluvila, -- REV.PETITIONER P.O,Neyyatinkara. (By Adv.K.N.Justin) Vs. The Managing Director, Kerala State Road Transport Corporation, Transport Bhavan, East Fort,. -- RESPONDENT Thiruvananthapuram. (By Adv.J.V.Anoop) ORDER JUSTICE SHRI.K.R.UDAYABHANU,PRESIDENT The Revision Petitioner is the Decree Holder in EA.No.17/05 in OP.60/02 in the file of CDRF, Thiruvananthapuram. 2. The Revision Petitioner has sought for setting aside the order of the Forum directing the Decree Holder ie; himself to receive the articles produced by the Judgment Debtor/KSRTC. The respondent/KSRTC were under orders to return to the complainant/Revision Petitioner (i) 4 coil 7/60 copper wire, (2) three 100 A fuse and (3) one neutral pink. It is noted by the Forum/Execution Court that the Decree Holder has stated that the articles produced do not belong to him. The Forum has noted that as the articles were not produced during trial stage it would not be possible to identify the same. 3. The contention of the Revision Petitioner is that the opposite party/KSRTC considerably delayed to fulfill the order of the Forum to return the articles to the complainant. According to him, he was repeatedly requesting the opposite parties to return the articles. Of course, no documentary evidence in this regard has been produced admittedly by the petitioner. Evidently, the respondent/KSRTC also has not offered to return the articles to the complainant after the order of the Forum. The order of the Forum in OP.60/02 is dated 22.12.03; the EP has been filed only in 2005. The date of the alleged incident is 8.11.99. The Revision Petitioner has sought for the value of the articles as mentioned in the order of the Forum ie; Rs.10,675/-. On the other hand, the respondent has asserted that the articles produced are the very same articles ordered by the Forum to be returned. In the circumstances, the Revision Petition is disposed of with the following directions. 4. The Forum is directed to verify the articles produced with the help of somebody conversant with the nature of the above articles and if it is found that the articles are not the same direct the respondents/KSRTC to make the payment as directed in the order in OP.60/02. The Revision Petitioner shall be entitled for Rs.1000/- towards costs in the execution proceedings. 5. The matter will stand posted before the Forum on 7.9.2010. The office will forward the copy of this order to the Forum urgently. JUSTICE K.R.UDAYABHANU -- PRESIDENT S.CHANDRAMOHAN NAIR -- MEMBER s/L | 
