KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAD, THIRUVANANTHAPURAM

FIRST APPEAL  49/2011

JUDGMENT DATED: 08..02..2011

PRESENT

JUSTICE SRI.K.R.UDAYABHANU                   : PRESIDENT

SRI.S.CHANDRAMOHAN NAIR              : MEMBER

1. Village Officer, Venkitangu,                 : APPELLANTS

     Thrissur District.

2. Tahsildar, Chavakkad,

    Thrissur District.

3. District Collector,

     Thrissur District.

(By Adv.S.vijayakumaran, Addl.Dist.Govt.Pleader)

           Vs.

Simson.K.V.,                                             : RESPONDENT

S/o Kidangan Varkey,

Retd.Post Master,

Padinjare Angadi,

Aranattukara,

Thrissur.

JUDGMENT

JUSTICE SRI.K.R.UDAYABHANU         : PRESIDENT

          Appellants are the opposite parties/Revenue authorities of the Government in CC.182/07 in the file of CDRF, Thrissur.  The Forum has allowed the complaint and cancelled Ext.P7 demand notice.

          2. The case of the complainant is that he had availed a loan under the low income group housing scheme for a period of 30 years. Subsequently on 30.11.2001 the complainant sent a letter to the opposite parties requested to inform the balance amount of the loan if any.  The opposite parties intimated as per letter dated 31..5..04 that the balance amount due is Rs.3203/-.  The complainant paid the amount and requested for return of the title deed and connected documents but the same were not returned and the opposite party demanded to pay Rs.6722/- further.

          3. It is the case of the opposite parties that letter dated 31.5.04 was sent without calculating the balance amount which used to be paid only at the time when the documents are returned.

          4.  The complainant has produced Ext.P1 to P8 documents.  No evidence has been adduced by the opposite parties. 

          5. We find that in the absence of any evidence produced by the opposite parties it is not possible to hold that the Forum has committed any error in disposing of the matter.  It is not disputed that the opposite party had intimated the complainant that the amount due is Rs.3203/- and it is for the opposite parties to explain as to how it happened and also as to how much is the exact amount due.  In the absence of any evidence in this regard we find that there is no scope for admitting the appeal. In the result appeal is dismissed in limine.

          Office will forward the copy of this order to the Forum urgently.

          JUSTICE K.R.UDAYABHANU                 : PRESIDENT

          S.CHANDRAMOHAN NAIR            : MEMBER

Ps.