KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION SISUVIHARLANE VAZHUTHACADU THIRUVANANTHAPURAM

APPEAL NOS.428/14 & 480/14

COMMON JUDGMENT DATED :16/11/15

 ( Against the order in CC.No.66/2011 on the file of CDRF, Kollam order dated : 01.08.2014)

PRESENT

SRI.K.CHANDRADAS NADAR     : JUDICIAL MEMBER

SMT.A.RADHA                               : MEMBER

SMT.SANTHAMMA THOMAS      : MEMBER

APPEAL NO.428/2014

APPELLANT

          R.K. Kishore,

          Managing Director,

          Assiano Builders and Developers,

          Sowparnika Buildings,

          Kadappakkada, Kollam,

          (By Adv. Sri. Ram Mohan & N.G. Mahesh)

                                                                                                          VS.

RESPONDENTS

1.   Justin Joseph, S/o. Joseph,

          Residing at Mavila  Veedu,

          House No.5/317,Viavathu Junction,

          Vellimoncheri, Perinad Village,

          Kollam.

2.   Sunitha, W/o. Justin Joseph,

          Residing at Mavila Veedu,

          House No.5/317, Vlavethu Junction,

          Vellimoncheri, Perinad Village, Kollam.

 (By Adv. Sri. Dinesh Sajan)

APPEAL NO.480/14

APPELLANTS

1.   Justine Joseph, S/o. Joseph,

           Mavila  Veedu,

          House No.5/317,Viavathu Junction,

          Vellimoncheri, Perinad Village,

          Kollam.  Originally belonged to

          Vadakkevila Kizhekkethil House,

          Uliyacovil Muri, Kollam East Village,

          Kollam Taluk, Kollam.

2.   Sunitha D/o. Wilson,

 Mavila  Veedu,

          House No.5/317,Viavathu Junction,

          Vellimoncheri, Perinad Village,

          Kollam.

          (By Adv. Sri. Dinesh Sajan, K)

                                                                                                VS.

RESPONDENT

          R. Kishore,

          Styled as Managing Director of

          Assiano Builders & Developers,

          “Souparnika Buildings”, 2^nd Floor,

          Above Sony Service Centre (Madonna)

          Kadappakada, Kollam – 1.

          (By Adv. Sri. Ram Mohan)

COMMON JUDGMENT

SRI.K.CHANDRADAS NADAR : JUDICIAL MEMBER

        Appellants are respectively the opposite party and the complainants in CC.No.66/2011 in the CDRF, Kollam. Complainants 1 & 2 the appellants in Appeal No.480/2014 are husband and wife. They engaged the opposite party a builder to construct a building. Alleging deficiency in service and unfair trade practice on the part of the builder, the complainants had approached the consumer forum for compensation. After recording evidence and hearing parties the president of the consumer forum and the members together pronounced two separate orders on 01.08.2014. Both the orders took the view that the complaint was liable to be allowed in part. As per the order of the president of the forum the complainants were entitled to Rs.3,00,000/- on various accounts from the opposite party. But according to the members the opposite party is liable to pay Rs.7.50,000+ Rs.50,000/- as compensation. So in both the orders apparently deficiency in service or unfair trade practice on the part of the opposite party was found. But they differed in the matter of the amount of compensation payable to the complainants. The orders of the consumer forum are being challenged in these appeals.

        2. The orders of the consumer forum according to the appellants violate the provisions of section 14 (2A) of the Consumer Protection Act and therefore not sustainable. Section 14 (2A) mandates that every order of the District Consumer Forum shall be signed by the President and the Member or Members who conducted the proceeding. The proviso to Clause (2A) is important and it provides for resolution in case of difference of opinion between the president and the members. The proviso reads " provided that where the proceeding is conducted by the president and one member and they differ on any point or points, they shall state the point or points on which they differ and refer the same to the other member for hearing

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