COL KBR PILLAI Vs. LT COL PK KUTTY

JUDGEMENT

(1.) THIS revision petition has been filed by petitioner against order dated 30.5.2009 passed by State Commission in FA No. 560 of 2006 Lt. Col. P.K. Kutty (Retd.) Vs. Col. K.B.R. Pillai (Retd), President, Kerala Ex -Servicemen Welfare Association; by which while allowing appeal, order of District Forum dismissing complaint was set aside.

(2.) BRIEF facts of the case are that complainant/respondent applied for allotment of residence in Sainik Vihar Scheme initiated by opposite party/petitioner and paid Rs. 10,000/ - as registration fee. Later on, he found that accommodation is not suitable for residence and applied for cancellation and refund of registration fee, but, his case was rejected. Alleging deficiency on the part of the opposite party, complainant filed complaint before District Forum. Opposite Party resisted complaint and submitted that registration fee is not refundable as per rules of the scheme and prayed for dismissal of complaint. Learned District Forum after hearing both the parties dismissed complaint. Appeal filed by complainant was allowed by State Commission vide impugned order against which this revision petition has been filed.

(3.) RESPONDENT did not appear after service and intimated that order of State Commission may be treated as his defense.