M/S.Isnas Aluminium Fabricators ... vs The District Consumer Disputes ...
2023 Latest Caselaw 5226 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                    THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
         THURSDAY, THE 20TH DAY OF APRIL 2023 / 30TH CHAITHRA, 1945
                             WP(C) NO. 14439 OF 2023
PETITIONER/S:

             M/S.ISNAS ALUMINIUM FABRICATORS
             RAILWAY STATION ROAD, THALASSERY.
             REPRESENTED BY ITS MANAGING PARTNER T.P.KAMAL,
             57 YEARS,S/O. MUHAMMED.P.M, BAITHUL NOOR,
             KAYYATH ROAD, THALASSERY, KANNUR DISTRICT, PIN - 670101
             BY ADVS.
             K.DEEPA (PAYYANUR)
             V.R.NASAR


RESPONDENTS:

     1       THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,
             TALAP, KANNUR, PIN - 670002
     2       THE KERALA STATE CONSUMER REDRESSAL COMMISSION
             VAZHUTHAKKAD, SASTHAMANGALAM . P.O,
             THIRUVANANTHAPURAM DISTRICT, PIN - 695010
     3       PAYYANTAVIDA NASAR
             S.O. ERAMMOO, NOOR MAHAL, GRAMATHI, P.O.CHOKLI,
             KANNUR THROUGH BROTHER & POWER OF ATTORNEY HOLDER,
             KAMARUDHEEN.P.M, 'ALI', P.O.CHOKLI,
             KANNUR, PIN - 670672
     4       C.E.O., ALSTONE HOUSE, 2E.7,
             JHANDEWALEN EXTENSION, NEW DELHI - 110055

OTHER PRESENT:

             GP NISHA BOSE



     THIS    WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
20.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.14439 of 2023                        2




                               VIJU ABRAHAM, J.
               .................................................................
                          W.P.(C) No.14439 of 2023
               .................................................................
                   Dated this the 20th day of April, 2023

                                     JUDGMENT

Petitioner is the opposite party No.1 in C.C.No.15 of

2016 on the file of the 1 st respondent. Petitioner submits that due to

Covid-19 pandemic they could not effectively prosecute the matter

before the 1st respondent District Consumer Disputes Redressal

Commission and thereupon the petitioner has filed a petition as

I.A.No.305 of 2021 seeking an opportunity to cross-examine PW1 who

is the complainant in the proceedings. That was rejected by Ext.P1

order. Challenging Ext.P1 the petitioner has preferred Revision

Petition No.29 of 2022 before the 2nd respondent Kerala State

Consumer Redressal Commission. The same was also rejected by

Ext.P3 order. Now the petitioner submits that they intended to

challenge Ext.P3 order before the National Consumer Redressal

Commission. But in the meanwhile the proceedings before the 1 st

respondent is posted to 24.04.2023 for orders. Petitioner submits that

a breathing time may be granted so as to enable the petitioner to

approach the National Consumer Redressal Commission challenging

Ext.P3 order.

Therefore, there will be a direction to the 1st respondent

not to proceed further in C.C.No.15 of 2016 for a period of three

weeks from today so as to enable the petitioner to approach the

National Consumer Redressal Commission challenging Ext.P3 order.

With the above limited direction the writ petition is

disposed of.

Sd/-

VIJU ABRAHAM JUDGE

cks

APPENDIX OF WP(C) 14439/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER DATED 19.03.2022 IN I.A.NO.305/2021 IN C.C.NO.15/2016 OF THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION KANNUR, 1ST RESPONDENT HEREIN.

Exhibit P2 TRUE COPY OF THE INTERIM ORDER DATED 27.06.2022 OF THE STATE CONSUMER REDRESSAL COMMISSION, THE 2ND RESPONDENT HEREIN, AGAINST ALL FURTHER PROCEEDINGS OF THE 1ST RESPONDENT AS PER I.A.NO.629/2022 IN REVISION PETITION NO.29/2022.

Exhibit P3 TRUE COPY OF THE ORDER DATED 20.02.2023 IN REVISION PETITION NO.29/2022 OF THE KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION.

Exhibit P4 TRUE COPY OF THE PETITION FILED BY THE PETITIONER/1ST OPPOSITE PARTY IN C.C.NO.15/2016 TO RE-OPEN THE CASE, SEEKING AN OPPORTUNITY TO ADDUCE EVIDENCE