NCDRC

NCDRC

RP/152/2011

V. SELVARAJ - Complainant(s)

Versus

PROPRIETOR, SRI SWARNAMBIGAI ALL INDIA TRAVEL CO. - Opp.Party(s)

IN PERSON

20 Apr 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 152 OF 2011
 
(Against the Order dated 20/04/2010 in Appeal No. 500/2008 of the State Commission Tamil Nadu)
1. V. SELVARAJ
203-A /32-1, Ambalavanaswamy Koil Street, 636 006
Gugai - Salem
Tamil Nadu
...........Petitioner(s)
Versus 
1. PROPRIETOR, SRI SWARNAMBIGAI ALL INDIA TRAVEL CO.
All India Travel Co. 124/ 1, Town Railway Station Road, 636 001
Salem
Tamil Nadu
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R. K. BATTA, PRESIDING MEMBER
 HON'BLE MR. ANUPAM DASGUPTA, MEMBER

For the Petitioner :NEMO
For the Respondent :NEMO

Dated : 20 Apr 2011
ORDER

PER JUSTICE R.K. BATTA, PRESIDING MEMBER Delay condoned. The petitioner has filed an application stating that he cannot physically attend this Commission and has submitted written arguments. The District Forum vide order dated 27.3.2008 had directed the OP/Respondent to pay Rs.3,000/- and cost of Rs.500/- within six weeks of getting the order failing which all the amount was to be paid with 9% interest. This order was challenged by the OP/Respondent in appeal before the State Commission. The State Commission dismissed the appeal with no order as to costs. It is pertinent to note that the Petitioner/Complainant had not filed any appeal against the order of the District Forum which means that the Complainant was not aggrieved with the said order of the District Forum and was satisfied with the same. The Petitioner filed Execution E.P. No.30/2010 in which he made the following claims: 7.Details of the decree, interest due and other Relief awarded/claimed: Award amount Rs.3000.00 Interest @ 9% (23.5.08 to 31.7.10) Rs. 540.00 Advocate (Consultation) fees Rs.5000.00 Rs.8540.00 8.Details of Cost awarded Cost of original petition Rs. 500.00 Interest @ 9% (23.5.08 to 31.7.10 Rs. 90.00 Cost of this EP Rs. 500.00 Total Rs.1090.00 Total of Column 7 & 8 Rs.9630.00 In the aforesaid amount, the Complainant had included Advocate fee of Rs.5,000/- besides costs awarded by the District Forum and interest thereon as also Rs.500/- as costs towards the execution proceedings. The cost of Rs.5,000/- claimed as Advocate (Consultation) fee was not awarded by any Forum and the Petitioner was not entitled to claim the same. The District Forum vide order dated 23.11.2010 rightly disallowed the sum of Rs.5,000/- claimed towards Advocate fee and ordered a total sum of Rs.4727/- to be paid to the Complainant out of which a sum of Rs.1750/- had already been deposited on 29.6.2010. The balance amount was ordered to be paid. This order of the District Forum is in accordance with the order passed by the District Forum in the complaint on 27.3.2008. This order is sought to be challenged in this revision. The petitioner has filed written submissions. We do not find any merit in the written submissions submitted by the petitioner. He is not entitled to cost of Rs.5,000/- towards Advocate fee as claimed by him since only cost of Rs.500/- had been awarded by the District vide order dated 27.3.2008 which was never challenged by the Complainant and had attained finality. The State Commission while dismissing appeal filed by Respondent ordered the parties to bear their costs. In view of the above, we do not find any merit in this revision and the revision is hereby dismissed.

 
......................J
R. K. BATTA
PRESIDING MEMBER
......................
ANUPAM DASGUPTA
MEMBER

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