Col Kbr Pillai vs Lt Col Pk Kutty

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.

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.

RESPONDENT did not appear after service and intimated that order of State Commission may be treated as his defense. Heard Learned Counsel for the petitioner and perused record.

LEARNED Counsel for petitioner submitted that as registration fee was non -refundable, Learned District Forum rightly dismissed complaint but Learned State Commission committed error in allowing appeal, hence, revision petition be allowed and impugned order be set aside.

PERUSAL of Manual of Sainik Vihar Scheme of opposite party reveals that registration fee of Rs. 10,000/ - was non -refundable. Learned State Commission in the impugned order observed as under: - "We find that the registration fee fixed as rs. 10,000/ - is really exorbitant. Just mentioning in the Manual that it is not refundable would not entitle the opposite party to retain the amount without providing any service to the complainant. In the circumstance, we find that the amount is liable to be refunded" and allowed the appeal.

IT was not within the purview of State Commission to decide whether registration fee of Rs. 10,000/ - was reasonable or not. As per scheme, applicant was required to submit form alongwith registration fee of Rs. 10,000/ - and complainant applied for alongwith demand draft of Rs, 10,000/ - . No observation should have been made that registration fee of Rs. 10,000/ - was exorbitant. As per scheme, this registration fee was not refundable. Learned District Forum rightly dismissed complaint, but, Learned State Commission without any ground, committed mistake in allowing appeal and directing refund of registration fee of Rs. 10,000/ - which was non -refundable. In such circumstances, revision petition is to be allowed.

CONSEQUENTLY , revision petition filed by the petitioner is allowed and order dated 30.5.2009 passed by Learned State Commission in in FA No. 560 of 2006 Lt. Col. P.K. Kutty 9Retd.) Vs. Col. K.B.R. Pillai (Retd), President, Kerala Ex -Servicemen Welfare Association; is set aside and order of District Forum dated 28.7.2006 passed in CC No. 174 of 2006 - Lt. Col. P.K. Kutty (Retd.) Vs. Col. K.B.R. Pillai (Retd), President, Kerala Ex -Servicemen Welfare Association; is affirmed with no order as to costs.