C. Krishnakumary Vs. the Asst. Engineer, Kseb, Electrical Major Section, Paravoor and Another

C. Krishnakumary vs The Asst. Engineer, Kseb, Electrical Major Section, Paravoor and Another

Type Court Judgment Court Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram Decided Apr 20, 2010

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Citation: sooperkanoon.com/1110479
Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram
Judge: The Honourable Shri. Justice K.R. Udayabhanu President &Amp; the Honourable Shri. M.K. Abdulla Sona Member
Decided On: Apr 20, 2010
Case Number: First Appeal No. A/10/166 (Arisen out of order dated 23/01/2010 in Case No. CC 127/07 of District Kollam)
Subject: Consumer

Case Summary

AI-generated summary - not the official court judgment text.

Consumer

Key legal issue: Consumer

Parties & Advocates

Appellant / Petitioner

C. Krishnakumary

Respondent

The Asst. Engineer, Kseb, Electrical Major Section, Paravoor and Another

Excerpt

justice shri.k.r.udayabhanu: president the appellant is the complainant in cc:127/07 in the file of cdrf, kollam. the complaint has been dismissed holding that the same is not maintainable as rr proceedings have already been initiated and that rr proceedings started meant that the sovereign functions began and hence the forum has no jurisdiction. 2. we find that the finding of the forum is incorrect. sovereign functions and rr proceedings has no connection. it is the basis for initiating the rr proceedings that has been questioned. hence the finding of the forum is set aside. 3. it is also seen that the entire evidence has been adduced that consisted of the testimony of pw1 to pw3, dw1,ext.p1 and ext.d1. 4. the forum is directed to dispose of the case on merits. 5. the matter stands posted before the forum on 28/5/2010. the office is directed to forward a copy of this order to the forum urgently.

Full Judgment

JUSTICE SHRI.K.R.UDAYABHANU: PRESIDENT

The appellant is the complainant in CC:127/07 in the file of CDRF, Kollam. The complaint has been dismissed holding that the same is not maintainable as RR proceedings have already been initiated and that RR proceedings started meant that the sovereign functions began and hence the Forum has no jurisdiction.

2. We find that the finding of the Forum is incorrect. Sovereign functions and RR proceedings has no connection. It is the basis for initiating the RR proceedings that has been questioned. Hence the finding of the Forum is set aside.

3. It is also seen that the entire evidence has been adduced that consisted of the testimony of PW1 to PW3, DW1,Ext.P1 and Ext.D1.

4. The Forum is directed to dispose of the case on merits.

5. The matter stands posted before the Forum on 28/5/2010.

The office is directed to forward a copy of this order to the Forum urgently.

Same Court & Year Kerala State Consumer Disputes Redressal Commission SCDRC Thi... Same Parties C. Krishnakumary vs The Asst. Engineer, Kseb, Electrical Majo... Same Subject Consumer Same Judge The Honourable Shri. Justice K.R. Udayabhanu President &Amp; ...