Kerala

StateCommission

A/13/262

PAULSON ANTONY - Complainant(s)

Versus

SECRETARY, THRISSUR MUNICIPAL CORPORATION AND OTHERS - Opp.Party(s)

SHRIKUMAR NAMBANATH AND MARTIN PAUL

29 Jan 2014

ORDER

Kerala State Consumer Disputes Redressal Commission
Vazhuthacaud,Thiruvananthapuram
 
First Appeal No. A/13/262
(Arisen out of Order Dated 03/11/2012 in Case No. First Appeal No. 190/2007 of District Trissur)
 
1. PAULSON ANTONY
EDAKALATHUR HOUSE, KUTTUR,THRISSUR
...........Appellant(s)
Versus
1. SECRETARY, THRISSUR MUNICIPAL CORPORATION AND OTHERS
MUNICIPALOFFICEROAD, THRISSUR
...........Respondent(s)
 
BEFORE: 
 HON'ABLE MR. JUSTICE SRI P.Q.BARKATH ALI PRESIDENT
  SRI. V. V. JOSE MEMBER
 
PRESENT:
 
ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD, THIRUVANANTHAPURAM

 APPEAL. 262/13

 JUDGMENT DATED:29.01.2014

 

PRESENT : 

JUSTICE SHRI. P.Q. BARKATHALI                        :  PRESIDENT

SHRI.V.V. JOSE                                                                   : MEMBER

Paulson Antony,

S/o Late E.D.Antony,

Edakkalathur House,                                                                    : APPELLANT

Kuttur, Thrissur.

Proprietor of Sign Colour Lab & Digital Studio.

 

(By Adv: M/s Shrikumar Nambanath & Martin Paul)

 

            Vs.

 

1.    The Thrissur Municipal Corporation,

R/by its Secretary,

Thrissur Municipal Corporation,,

Municipal Office Road,

Thrissur-680 001.

 

2.    The Assistant Secretary (Electricity),                           : RESPONDENTS

Thrissur Municipal Corporation,,

Municipal Office Road,

Thrissur-680 001.

 

 

3.    The Accounts Officer (Electricity),

Thrissur Municipal Corporation,,

Municipal Office Road,

Thrissur-680 001.

 

(By Adv: Sri.Shihabudeen Kariyath)

 

 

 

JUDGMENT 

 

JUSTICE SHRI. P.Q. BARKATHALI:  PRESIDENT

 

This is an appeal filed by the complainant in CC.190/07 on the file of CDRF, Thrissur challenging the order of the Forum dated, November 03, 2012 dismissing the complaint.

 

2.      The complainant filed the complaint before the Forum challenging the demand notice issued by the opposite parties regarding the electricity consumed by the complainant.  During the pendency of the complaint complainant died, and the son of the complainant is impleaded as legal heir before the Forum.  The Forum dismissed the complaint on the ground that complainant did not produce the bill in dispute before the Forum. But the appellant/complainant produced the relevant bill in this appeal.  Therefore we are of the view that the matter should be remanded to the Forum for fresh consideration.

 

In the result appeal is allowed.  The impugned order of the Forum dismissing the complaint is set aside.  The matter is remanded to the Forum for fresh disposal in accordance with law.  Send back the LCR to the Forum along with the bill produced.  Both parties shall appear before the Forum on 24.2.2014.

 

JUSTICE P.Q. BARKATHALI:  PRESIDENT

 

V.V. JOSE : MEMBER

 

VL.

 

 
 
[HON'ABLE MR. JUSTICE SRI P.Q.BARKATH ALI]
PRESIDENT
 
[ SRI. V. V. JOSE]
MEMBER

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