Disposed

Reena Sebastian, v. Shanthimadom Builders and Developers

Kerala HC6 Dec 2021WP(C)/5581/2020

Case brief

AI extract

What is this about?

The High Court dismissed two writ petitions seeking speedy disposal of execution proceedings regarding Consumer Commission awards. Obtaining a report, the Court noted the Commission was handling the execution and directed petitioners to approach the Commission directly, dismissing the writs as unnecessary.

What did the court decide?

The writ petitions were disposed of with no orders required. Petitioners directed to seek speedy disposal of execution petitions by filing applications before the State Commission.

Reena Sebastian, Vs Shanthimadom Builders and Developers — Consumer Protection | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE N.NAGARESH

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MONDAY, THE 6^TH DAY OF DECEMBER 2021/15TH AGRAHAYANA, 1943

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WP(C) NO. 5581 OF 2020

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PETITIONERS:

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1 REENA SEBASTIAN, AGED 46 YEARS

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W/O.SEBASTIN K.K., FLAT NO.3, VYSHALI CO-OPERATIVE HOUSING SOCIETY, HOUSE VIMAN NAGAR, PUNE, MAHARASHTRA.

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2 SEBASTIAN K.K., S/O.KUNJIPALU, FLAT NO.3, VYSHALI CO-OPERATIVE HOUSING SOCIETY, HOUSE VIMAN NAGAR, PUNE, MAHARASHTRA.

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BY ADV M.VANAJA

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RESPONDENTS:

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1 SHANTHIMADOM BUILDERS AND DEVELOPERS, REGISTERED OFFICE AT THEKKENAALUVAZHI, NORTH PARAVOOR - 683 513, ERNAKULAM (HAVING OFFICE ALSO AT SHANTHIMADOM, HEALTH RESORT COMPLEX, PUTHENPALLI POST, IRINJAPRAM, GURUVAYUR REP. BY ITS CHAIRMAN.

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2 DR.V.N.RADHAKRISHNAN, S/O.V.C.NARAYANAN, SHANTHIMADOM, NORTH PARAVUR, ERNAKULAM DISTRICT – 683 513

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3 RAGESH MANU, S/O.DR.V.N.RADHAKRISHNAN, SHANTHIMADOM, NORTH PARAVUR, ERNAKULAM DISTRICT-683 513

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4 RAMANI, W/O.DR.V.N.RADHAKRISHNAN, SHANTHIMADOM, NORTH PARAVUR, ERNAKULAM DISTRICT-683 513

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5 MANJUSHA, D/O.DR.V.N.RADHAKRISHNAN, SHANTHIMADOM, NORTH PARAVUR, ERNAKULAM DISTRICT- 683 513

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WP(C) No.5581 & 6376 of 2020

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: 2 :

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6 RENJISHA, D/O.DR.V.N.RADHAKRISHNAN, SHANTHIMADOM, NORTH PARAVUR, ERNAKULAM DISTRICT- 683 513

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7 KERALA STATE CONSUMER DISPUTE REDRESSAL FORUM, VAZUTHACAD, THIRUVANANTHAPURAM - 695004

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BY SMT.PRINCY XAVIER, SR.GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.12.2021, ALONG WITH WP(C).6376/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) No.5581 & 6376 of 2020

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: 3 :

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE N.NAGARESH

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MONDAY, THE 6^TH DAY OF DECEMBER 2021/15TH AGRAHAYANA, 1943 WP(C) NO. 6376 OF 2020

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PETITIONER:

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T.ARAVINDAN MENON AGED 75 YEARS S/O. LAKSHMIKUTTY AMMA, B2/04, NEELAGIRI GARDENS, SECTOR-24, CBD BELAPUR, NAVI MUMBAI, NOW RESIDING AT ROOM NO. 5, ANANDAASHRAMAM, PLOT-II, SECTOR-5, NEERUL EAST NAVI MUMBAI 400 706.

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BY ADV M.VANAJA RAMASWAMY

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RESPONDENTS:

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1 SHANTHIMADOM BUILDERS AND DEVELOPERS REG. OFFICE AT THEKKENALUVAZHI NORTH PARAVOOR 683 513, ERNAKULAM (HAVING OFFICE ALSO AT SHANTHIMADOM,

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HEALTH RESORT COMPLEX, PUTHENPALLI POST, IRINJAPRAM, GURUVAYUR REP. BY ITS CHAIRMAN.

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2 DR. V.N. RADHAKRISHNAN, S/O. V.C. NARAYANAN, SHANTHIMADOM, NORTH PARAVUR, ERNAKULAM DISTRICT 683 513.

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3 RAGESH MANU, S/O. DR. V.N.RADHAKRISHNAN, SHANTHIMADOM, NORTH PARAVUR, ERNAKULAM DISTRICT 683 513.

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4 RAMANI, W/O. DR. V.N.RADHAKRISHNAN, SHANTHIMADOM, NORTH PARAVUR, ERNAKULAM DISTRICT 683 513.

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WP(C) No.5581 & 6376 of 2020

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: 4 :

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5 MANJUSHA. D/O. DR. V.N.RADHAKRISHNAN, SHANTHIMADOM, NORTH PARAVUR, ERNAKULAM DISTRICT 683 513.

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6 RENJISHA, D/O. DR. V.N. NARAYANAN, SHANTHIMADOM, NORTH PARAVUR, ERNAKULAM DISTRICT 683 513.

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7 KERALA STATE CONSUMER DIPUTE REDRESSAL FORUM, VAZHUTHACAD, THIRUVANANTHAPURAM 685036.

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BY SMT.PRINCY XAVIER, SR. GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.12.2021, ALONG WITH WP(C).5581/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) No.5581 & 6376 of 2020

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J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~

Dated this the 6^th day of December, 2021

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Aggrieved by the alleged deficiency in service of the 1^st respondent-Builder, the petitioners filed C.C. Nos.28/12 and 44/12 before the State Consumer Disputes Redressal Commission, Thiruvananthapuram. The State Commission allowed the claim and directed the respondents to refund the amount, as per Ext.P1 judgment dated 31.01.2015. The petitioners initiated execution proceedings by filing E.P. Nos.25/15 and 26/15. Warrants have been issued against the respondents. Thereafter, proceedings have not moved further. According to the petitioners, the respondents are moving around in spite of the warrants issued. The petitioners, therefore, seek speedy disposal of the execution proceedings by writs of this Court.

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WP(C) No.5581 & 6376 of 2020

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: 6 :

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This Court obtained a Report from the Secretary and Registrar of the State Commission. In the report dated 17.12 2020, it has been stated that warrant of arrest has been issued through Commissioner of Police, Ramavarmapuram P.O., Thrissur and the case stands posted for return of warrant. As the Kerala State Consumer Disputes Redressal Commission is proceeding with the execution of Ext.P1 judgment, this Court finds that no further orders are required in these writ petitions. The petitioners will be free to seek speedy disposal of execution petitions by filing appropriate applications before the State Commission.

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The writ petitions are disposed of as above.

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Sd/- N. NAGARESH, JUDGE

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aks/07.01.2022

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WP(C) No.5581 & 6376 of 2020

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: 7 :

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APPENDIX OF WP(C) 5581/2020

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PETITIONER EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 31/1/2015 OF THE STATE COMMISSION OF CONSUMER REDRESSAL COMMISSION TRIVANDRUM.

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EXHIBIT P2 TRUE COPY OF THE EXECUTION PETITION FILED BEFORE THE STATE COMMISSION OF CONSUMER REDRESSAL COMMISSION TRIVANDRUM - 29/10/15.

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EXHIBIT P3 TRUE COPY OF WARRANT ISSUED BY THE STATE COMMISSION OF CONSUMER REDRESSAL COMMISSION TRIVANDRUM DATED 18/7/2019.

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RESPONDENT'S EXHIBITS NIL

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WP(C) No.5581 & 6376 of 2020

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: 8 :

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APPENDIX OF WP(C) 6376/2020

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PETITIONER EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 31/1/2015 OF THE STATE COMMISSION OF CONSUMER REDRESSAL COMMISSION TRIVANDRUM. EXHIBIT P2 TRUE COPY OF THE EXECUTION PETITION E.P. NO. 26/15 FILED BEFORE THE STATE COMMISSION OF CONSUMER REDRESSAL COMMISSION TRIVANDRUM. EXHIBIT P3 TRUE COPY OF WARRANT ISSUED BY THE STATE COMMISSION OF CONSUMER REDRESSAL COMMISSION TRIVANDRUM DATED 18/7/2019.

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RESPONDENT'S EXHIBITS NIL

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WP(C) No.5581 & 6376 of 2020

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Reena Sebastian, v. Shanthimadom Builders and Developers

Case brief

What is this about?

What did the court decide?

Reena Sebastian, v. Shanthimadom Builders and Developers

Case brief

What is this about?

What did the court decide?

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