KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM APPEAL: 138/2006 JUDGMENT DATED:30-09-2010 PRESENT JUSTICE SHRI.K.R.UDAYABHANU : PRESIDENT 1. The Secretary, KSEB, Vaidyuthi Bhavan, Pattom, TVPM. : APPELLANTS 2. The Executive Engineer, Electrical Division, KSEB, Balussery, Kozhikkode Dist. (By Adv. Sri.B.Sakthidharan Nair) Vs. Smt. Nafeesa, W/o Khader, Anthoorkandi Kuniyil, P.O.Karuvannur. : RESPONDENT Naduvannur Amsom, Karuvannur Desom, Koyilandy Taluk. JUDGMENT JUSTICE SHRI.K.R. UDAYABHANU : PRESIDENT The appellants are the opposite parties/KSEB in OP.247/05 in the file of CDRF, Kozhikkode. The opposite parties are under orders to issue cheque for Rs.9,874/- to the complainant. 2. The matter is with respect to the compensation for tree cutting. The case of the complainant is that it is after 2 years of the tree cutting that the property was sold to one Nalini. Still the opposite parties are not paying the compensation amount to the complainant. 3. It is the case of the opposite parties that it is dispute with respect to the eligibility for the amount of compensation as there is one more claimant. 4. The fact that CDRF, is not the proper Forum was not canvassed before the CDRF. In fact the matter relates to apportionment of tree cutting compensation. As per the relevant statute ie Indian Telegraph Act and the Electricity Act the competent authority is the District Court. As per the proceedings of the opposite parties the claimants are mentioned as the complainant and one Nalini and the amount is to be disbursed subject to the production of the original title deed. In view of the fact that there is no consumer/service provider relationship we find that the Forum has no jurisdiction in the matter. In the circumstances the order of the Forum is set aside and the appeal is allowed. JUSTICE K.R.UDAYABHANU: PRESIDENT VL. | 
