KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM APPEAL NO.542/04 JUDGMENT DATED.29.4.08 (Appeal filed against the order passed by CDRF, Kotayam in OP.215/03) PRESENT JUSTICE SHRI.K.R.UDAYABHANU -- PRESIDENT SMT.VALSALA SARNGADHARAN -- MEMBER SHRI.M.K.ABDULLA SONA -- MEMBER K.J.Mathew, I.P.S, Superintendent of Police, Vigilance and Anti Corruption Bureau Special Cell, Near Tharangani Studio, -- APPELLANT Vellayambalam,, Thiruvananthapuram, Now wokking as Superintendent of Police, Crime Branch, Kottayam, residing at Kainikkara house (V.P.XII/371 A) Industrial Nagar P.O, Changanacherry, Kottayam. (By Adv.P.Raj Mohan) Vs. 1. M/s.Swaraj Constructions, Perunna, Changanassery – 686102. 2. Shri.P.C.Abraham,B.E.,MIE, -- RESPONDENTS (Rtd.Chief Engineer) Managing Partner, Swaraj Constructions, Perunna, Changanacherry. JUDGMENT JUSTICE SHRI.K.R.UDAYABHANU,PRESIDENT The appellant is the complainant. The claim against the opposite parties is for realization of damages of Rs.2 lakh etc. with respect to the alleged delay in the completion of residential building and also defective construction. The above complaint in OP.215/03 was dismissed by CDRF, Kottayam finding that the matter required detailed evidence and hence the complainant was relegated to the civil court. We find that the opposite parties had appeared and filed version. Documents were also produced. Ext.A1 to A8 and B1 to B9 were marked and affidavits were filed by both sides. We find that the provisions of the Consumer Protection Act are squarely applicable with respect to the facts of the case. Evidence has also been adduced. The compensation claimed is only Rs.2 lakh. The forum is sufficiently competent to adjudicate the matter. It is after one year, that the complaint has been dismissed directing the complaint to approach the civil court. We find that the order of the forum cannot be justified. Hence the order of the forum is set aside. The forum is directed to dispose of the matter after hearing both sides and with the available evidence. If any of the parties, desire to adduce further evidence the above application may also be considered and appropriate orders passed. The matter will stand before the forum on 31.5.08. The office is directed to transmit the order to the Forum at the earliest. JUSTICE SHRI.K.R.UDAYABHANU -- PRESIDENT SMT.VALSALA SARNGADHARAN -- MEMBER SHRI.M.K.ABDULLA SONA -- MEMBER s/L
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