Writ petitioner challenged warrant issued by Consumer Disputes Redressal Forum alleging non-consideration of objection. Court held no justification to approach this court as application for recall was already pending before the Forum.
Writ petition closed without prejudice to the right of the petitioner to pursue the application preferred before the Forum.
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 28TH DAY OF SEPTEMBER 2021 / 6TH ASWINA, 1943 WP(C) NO. 20167 OF 2021
PETITIONER:
M/S.PARAVOOR ENGINEERS
REP BY ITS PROPRIETOR, MR.SARUN.K.S, S/O. LATE MR.SASANKAN, NEAR KALLARAKAL TEMPLE, PERUVARAM, KOTTUVALLY VILLAGE, NORTH PARAVOOR TALUK, ERNAKULAM DISTRICT,PIN-683 513
BY ADV INNOCENT FRANCIS PAPALI
RESPONDENT:
MR.AZAD
AGED 49 YEARS
S/O. SIDDIQUE, THEYYIDAYIL HOUSE, PADINJAREKKARA P.O., VAIKOM, KOTTAYAM DISTRICT,PIN-686 615
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 20167 OF 2021
2
W.P.(C) No.20167 of 2021
J U D G M E N T
Petitioner suffered Ext.P1 order in a Consumer Complaint before the Consumer Disputes Redressal Forum, Ernakulam. They challenged Ext.P1 order in an appeal before the State Consumer Disputes Redressal Commission. In terms of Ext.P2 judgment, the State Consumer Disputes Redressal Commission confirmed Ext.P1 order with a modification. In terms of Ext.P2 judgment, the petitioner is liable to pay a sum of Rs.1,00,000/- by way of compensation and a sum of Rs.20,000/- by way of costs to the complainant. The petitioner has not satisfied with Ext.P2 judgment. Consequently, proceedings have been initiated by the complainant under Section 27 of the Consumer Protection Act, 1986. It is stated that on receipt of notice in the said proceedings, the petitioner filed an objection before the Forum contending, among others, that the complainant was not a consumer and the complaint was therefore not maintainable. The matter was listed before the Forum on 14.09.2021. It is stated by the petitioner that due to connectivity issues, they could not represent the matter on 14.09.2021 and consequently the Forum has issued warrant against the petitioner and the matter now stands listed to 05.11.2021. The case of the
3
WP(C) NO. 20167 OF 2021
petitioner is that warrant has been issued by the Forum without taking note of the objection filed by them in the proceedings. The petitioner, therefore seeks appropriate directions to the Forum to recall the warrant issued against them.
application before the Forum seeking orders to recall the warrant. Ext.P7 is the application preferred by the petitioner in this regard. In
a case of this nature, according to me, there is absolutely no justification for the petitioner to approach this court seeking the relief aforesaid. In the circumstances, the writ petition is closed without prejudice to the right of the petitioner to pursue Ext.P7 application.
Sd/-
P.B.SURESH KUMAR
JUDGE
Mn
WP(C) NO. 20167 OF 2021
4
APPENDIX OF WP(C) 20167/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER DATED 07.04.2015 PASSED BY THE HONOURABLE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM IN CC NO.114/2013 Exhibit P2 TRUE COPY OF THE ORDER DATED 05.08.2016 PASSED BY THE HONOURABLE STATE CONSUMER DISPUTES REDRESSAL COMMISSION , THIRUVANANTHAPURAM, IN APPEAL NO.386/2015 Exhibit P3 TRUE COP OF THE SATISFACTION NOTE DATED 27.07.2016 ISSUED BY THE RESPONDENT TO THE PETITIONER Exhibit P4 TRUE COPY OF THE PRELIMINARY COUNTER AFFIDAVIT FILED BY THE PETITIONER BEFORE THE HONOURABLE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM Exhibit P5 TRUE COPY OF THE LETTER INFORMING THE PURCHASE OF THE MACHINERY ISSUED BY MR THAHIR P.P., THAIS FOOD PRODUCTS, ERATTUPETTA Exhibit P6 TRUE COPY OF THE ORDER DATED 30.08.2019 ALLOWING THE RESPONDENT TO WITHDRAW EA NO.02/2018 BY THE HONOUABLE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM Exhibit P7 TRUE COPY OF THE UNNUMBERED MP FILED BY THE PETITIONER IN ST NO.4/2019 IN CC NO.114/2013 BEFORE THE HONOURABLE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM FOR RECALLING THE WARRANT ISSUED AGAINST HIM
2 issues framed by the court
Whether the High Court should issue directions to recall an execution warrant issued by the Consumer Disputes Redressal Forum due to alleged non-consideration of the petitioner's objection.
Whether the petitioner can approach the High Court in the present writ petition given that an application for recall has been filed before the Forum.
M/S. Paravoor Engineers
Mr. Azad
P.B.Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
