Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA, 1945 WP(C) NO. 41865 OF 2023 PETITIONER:
K.SACHIN BABY AGED 35 YEARS, S/O. N.P. BABY, RESIDING AT KARAPARAMBIL HOUSE, MAROTTICHAL POST, THRISSUR., PIN - 680014 BY ADVS.
E.V.MOLY SHRI.ROHAN BABU JOSEPH RANJAN BABU JOSEPH RESPONDENTS:
1 DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION, CIVIL STATION COMPOUND, P.O.VIDYANAGAR, KASARGOD, PIN - 671123 2 K. VIJAYAKRISHNAN NAMBIAR S/O. M. GOPINATHAN NAMBIAR, RESIDING AT "PADMAM", NEAR DHSS, NITTADUKKAM, KANHANGAD POST, KASARGOD, PIN - 671315 3 ALBERT RAJ PROPRIETOR, ALFA ENGINEERING & EQUIPMENTS SITUATED AT DOOR.NO.1/10-1D, NEAR BILLUR WATER TANK, SUNDARAPURAM, MADUKKARAI ROAD, COIMBATORE, PIN - 641105 BY ADVS.
ANJALI MENON DHILNA TONSON(K/001293/2023) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT The petitioner impugns Ext.P5 final order of the Consumer Disputes Redressal Commission, Kasaragod ('Commission' for short), in CC.No.44 of 2022, primarily on the ground that it has been issued without even serving them summons, thus denying any opportunity to defend the claims against them made by the 2nd respondent herein.
2. Interestingly, when this matter was called today, Smt.Anjali Menon – learned counsel appearing for respondent No.2, submitted that, though her client has a specific case that this writ petition is not maintainable, since the only remedy available to the petitioner against Ext.P5 is to move a statutory appeal before the Statutory State Commission, he will not stand on such technical objection because, his intention is to have the dispute resolved at the earliest. She submitted that, therefore, if this Court is so inclined, the matter can be relegated back to the 'Commission'; however, with a plea that the said Authority be directed to dispose of the matter within the shortest period of time.
Taking note of the afore consent between the parties, I allow this writ petition with the following directions:
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(a) Ext.P5 will stand set aside.
(b) Consequently, the Commission will rehear CC.No.44 of 2022, after hearing the petitioner and affording necessary opportunity to both sides, as is statutorily required; thus culminating in an appropriate fresh order, as expeditiously as is possible, but not later than two months from the date of receipt of a copy of this judgment.
(c) I clarify that, I have not entered into the merits of any of the rival contentions and that all of them are left open to be impelled by the parties before the 'Commission' during the afore exercise.
Sd/- DEVAN RAMACHANDRAN JUDGE anm
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APPENDIX OF WP(C) 41865/2023 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE GST CERTIFICATE DATED 27.6.2018 Exhibit 2 THE TRUE COPY OF THE RENTAL AGREEMENT (TAMIL) DATED 09-01-2020 Exhibit P2(a) TRUE TRANSLATION OF EXT.P2 Exhibit P3 THE TRUE COPY OF THE GST CERTIFICATE WITH UPDATED LATTER ADDRESS ISSUED ON 13.02.2020 Exhibit P4 THE TRUE COPY OF THE TAX INVOICE INVOICE NO.27 DATED 03.01.2020 Exhibit P4(a) TRUE COPY OF THE TAX INVOICE NO.025 DATED 28.12.2019 Exhibit P5 THE TRUE COPY OF THE FINAL ORDER DATED 24.03.2023 IN CC.NO.44/2022 PASSED BY THE RESPONDENT NO.1 Exhibit P6 THE TRUE COPY OF THE CERTIFIED COPY OF COMPLAINT FILED BY 2ND RESPONDENT ALONG WITH DOCUMENTS RECEIVED FROM THE 1ST RESPONDENT Exhibit P7 THE TRUE COPY OF THE CERTIFIED COPY OF AFFIDAVIT FILED IN LIEU OF CHIEF EXAMINATION BY THE 2ND RESPONDENT OBTAINED BY THE PETITIONER Exhibit P8 THE TRUE COPY OF THE CERTIFIED COPY OF INSPECTION REPORT SUBMITTED BY SENIOR LECTURER IN MECHANICAL ENGINEERING SWAMI NITHYANANDA
POLYTECHNIC
COLLEGE
, KANHANGAD IN THE CC 44/22 ON THE FILE OF CDRF KASARGOD RECEIVED BY THE PETITIONER Exhibit 9 THE TRUE COPY OF THE IA NO 129/22 IN CC.NO.44/22 ALLOWING SUBSTITUTED SERVICE OF NOTICE Exhibit P9(a) TRUE COPY OF THE ORDER DATED 13.5.2022 Exhibit 10 THE TRUE COPY OF THE EXECUTION APPLICATION FILED VIDE EA NO 50/23 IN CC 44/22 ON THE FILE OF THE 1ST RESPONDENT RESPONDENTS' EXHIBITS : NIL.