The High Court dismissed a writ petition challenging an order of the District Consumer Disputes Redressal Forum, holding that the petitioners can challenge the order via appeal under Section 15 of the Consumer Protection Act, 1986.
Writ petition dismissed without prejudice to the right to appeal.
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 P.B.SURESH KUMAR
TUESDAY, THE 05TH DAY OF NOVEMBER 2019 / 14TH KARTHIKA, 1941
WP(C).No.24329 OF 2019(M)
PETITIONERS:
1 ALAKKODE GRAMA PANCHAYAT, REPRESENTED BY ITS, SECRETARY ALAKKODE P.O.,THODUPUZHA, PIN-685 588.
2 THE PRESIDENT, ALAKKODE GRAMA PANCHAYAT, ALAKKODE P.O., THODUPUZHA, PIN-685 588.
BY ADV. SRI.GEORGEKUTTY MATHEW
RESPONDENTS:
1 SREEDHARAN K.K, KOLAPPILLIYIL HOUSE, CHAVARNA, ALAKKODE, KALAYANTHANI P.O.THODUPUZHA, PIN-685 588
2 DISTRICT CONSUMER DISPUTERS REDRESSAL FORUM, IDUKKI , PAINAVU, REPRESENTED BY ITS SECRETARY IDUKKI,PIN-685 603.
R2 BY SRI.VINOD, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 24329 of 2019
2
J U D G M E N T
Ext.P2 order of the Consumer Disputes Redressal
Forum, Idukki which is under challenge in the writ petition is appealable under Section 15 of the Consumer Protection Act, 1986.
that the Consumer Disputes Redressal Forum has no authority to issue an order in the nature of Ext.P2. This, according to me ,
is also a matter that could be examined by the appellate authority.
In the circumstances, the writ petition is dismissed
without prejudice to the right of the petitioners to challenge the impugned order in appeal before the appellate authority.
Sd/-
P.B.SURESH KUMAR, JUDGE.
DK
W.P.(C) No. 24329 of 2019
3
APPENDIX
PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE COMPLAINT DATED 28.02.2018 SUBMITTED BY THE 1ST RESPONDENT BEFORE THE 2ND RESPONDENT
EXHIBIT P2 TRUE COPY OF THE ORDER DATED 30.01.2019 PASSED BY THE 2ND RESPONDENT
EXHIBIT P3 TRUE COPY OF THE COVER
RESPONDENTS' EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
DK
1 issue framed by the court
Whether the writ petition challenging the Consumer Forum's order is maintainable when the order is appealable under the Consumer Protection Act.
ALAKKODE GRAMA PANCHAYAT AND ANR
SREEDHARAN K.K
DISTRICT CONSUMER DISPUTERS REDRESSAL FORUM, IDUKKI
P.B.SURESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
