BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. G. SIVAPRASAD : PRESIDENT

SMT. BEENAKUMARI. A : MEMBER

SMT. S.K.SREELA : MEMBER

E.A. No. 17/2005

in

O.P. No. 60/2002

Dated : 15.12.2009

Complainant/Decree Holder:

Sobha Kumar, Sobhanavilasam Bunglow, Perumthottomkinattuvila, Mulluvila P.O, Neyyattinkara.

Opposite party/Judgement Debtor:

The Managing Director, Kerala State Road Transport Corporation, Transport Bhavan, East Fort, Thiruvananthapuram.

(By adv. J.V. Anoop)

ORDER

This Forum vide its order dated 22.12.2003 in O.P. No. 60/02 directed the opposite party to return the articles which was found in the bus No. TN 726 to the complainant within two weeks or pay Rs. 10,675/- as its value. Time for compliance two months after that the amount will carry 9% interest. Since the said articles or money was not returned to the complainant Decree Holder has filed this E.A. The previous Forum vide its order dated 28.04.2006 in E.A 17/05 had observed that the Decree Holder is

liable to get refund only if the judgement debtor failed to deliver the article found in the bus and directed the Decree Holder to approach the Judgement Debtor on the basis of the letter dated 07.12.2005 to satisfy the decree. Judgement Debtor filed objection stating that still Decree Holder has not approached Judgement Debtor for collecting the materials. Judgement Debtor furnished the said articles before this Forum, but Decree Holder says the articles submitted by the Judgement Debtor do not belong to him. Since the articles and its quantities were not separately identified at trial stage, we cannot direct Judgement Debtor to produce the articles as visualised by the Decree Holder. In view of the matter, we direct the Decree Holder to receive the articles furnished by the Judgement Debtor before court.

G. SIVAPRASAD,

President.

BEENAKUMARI. A : MEMBER

S.K. SREELA : MEMBER