The petitioner filed a writ petition to quash an ex-parte order passed by the Consumer Disputes Redressal Forum, claiming non-receipt of notice. The Court held that since the order had become final and execution proceedings were initiated, the high court would not interfere belatedly. The writ petition was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE ANTONY DOMINIC
TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931
W.P(C).No. 7060 of 2009(B)
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PETITIONER:
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M.S.MOHAN KUMAR MOHANAVILASAM, KOOMBUKKAL, VAZHOOR P.O., KOTTAYAM.
BY ADV. SRI.A.K.ABDUL AZEEZ
RESPONDENT(S):
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1. BIJU JOHN, PALLIKKUNNEL HOUSE CHINGAVANAM PO, KOTTAYAM.
2. THE CONSUMER DISPUTES REDRESSAL FORUM. KOTTAYAM.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ANTONY DOMINIC, J. ================ W.P.(C) NO. 7060 OF 2009 (B)
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Dated this the 24th day of March, 2009
J U D G M E N T
The prayer in this writ petition is to quash Ext.P1 and direct the 2nd respondent to take action against the 1st respondent, by reconsidering Ext.P1.
Writ petition fails and is dismissed.
ANTONY DOMINIC, JUDGE
Rp
2 issues framed by the court
Whether the High Court can interfere with a final order of the Consumer Disputes Redressal Forum in the absence of notice to the petitioner, filed as a belated challenge.
Whether the writ petition should be adjourned for cause or dismissed given the finality of the impugned order.
M.S.MOHAN KUMAR MOHANAVILASAM
BIJU JOHN
THE CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
