JEAN FLADBERG ROSE Vs. CORRESPONDENT MORNING STAR
LAWS(TNCDRC)-2008-9-18
TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on September 01,2008

Appellant
VERSUS
Respondents

JUDGEMENT

- (1.) The appellant is the complainant and the respondent is the opposite party before the District Forum.
(2.) The above appeal is filed aggrieved against the order of the District Forum dt.20.6.2007 in returning the Execution Petition with the following endorsement: On a perusal of the records it is seen that this Forum has passed two orders in which the President has allowed the complaint and the Member has dismissed the complaint. In such circumstances, the Appellate authority has to confirm any one of the orders. Hence the parties have to approach the Appellate Authority to obtain a final order. Till such time no execution petitions will line in the court.
(3.) We do not see any infirmity in the order of the District Forum in retuning the Execution Petition with the above endorsement. The fact remains that when there is a difference of opinion between the President and the Member of the District Forum, as per Sec.14 (2) (A), the matter shall be referred to another member of the District Forum. Hence the matter is referred to the Honble Member of Tuticorin District Forum, which is the neighboring district, who shall dispose off the matter on merits. Both parties are directed to appear before the District Forum Tuticorin, either in person or through the counsel on 6.10.2008. The matter shall be disposed off within three weeks thereafter. The entire records which are now available at DCDRF, Kanyakumari, shall be sent to DCDRF, Tuticorin.;


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