KERALA STATE HOUSING BOARD Vs. P. KAMALADEVI

JUDGEMENT

(1.) THIS is an appeal filed by the opposite parties In OP 283/02 on the file of CDRF, Kozhikkode under Section 15 of Consumer Protection Act challenging the order of the Forum directing the opposite parties to pay Rs. 28,958 being cross subsidy amount, Rs. 5684 being the excess amount collected from the complainant and Rs. 5,000 as compensation. The case of the complainant as testified by her as PW1 before the Forum and as detailed in the complaint in brief is this - -

(2.) THE 1st opposite party is Kerala State Housing Board. Kozhikkode represented by its Regional Manager. The 2nd opposite party is the Chairman of Kerala State Housing Board, Trivandrum. They in their version contended thus before the Forum. The Board in its meeting held on 20.10.1998 decided to give cross subsidy to the scheme including Medical College Housing Accommodation Scheme. It is only perspective in effect. Therefore complainant is not entitled for the same. The letter issued by the opposite parties is a mistaken one. Some more LAR cases are pending. Therefore the account has not so far finalized.

(3.) COMPLAINANT was examined as PW1 and Exts. A1 to A10 were marked on her side And on the side of the opposite parties RW1 was examined and Exts. B1 to B6 were marked before the Forum. On an appreciation of evidence the Forum found that complainant is entitled for cross subsidy and also refund of the excess amount paid and directed the opposite parties to pay Rs. 28,958 being cross subsidy amount and Rs. 5684 being the excess payment made by the complainant and Rs. 5,000 as compensation. Opposite parties have now come up in appeal challenging the said order of the Forum.