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

SooperKanoon Citationsooperkanoon.com/1110479
SubjectConsumer
CourtKerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram
Decided OnApr-20-2010
Case NumberFirst Appeal No. A/10/166 (Arisen out of order dated 23/01/2010 in Case No. CC 127/07 of District Kollam)
JudgeThe Honourable Shri. Justice K.R. Udayabhanu President &Amp; the Honourable Shri. M.K. Abdulla Sona Member
AppellantC. Krishnakumary
RespondentThe 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.
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.