Kerala High Court
Idbi Bank vs Consumer Disputes Redressal ... on 13 June, 2023
WP(C) NO. 19158 & 19167 OF 2023 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 13TH DAY OF JUNE 2023 / 23RD JYAISHTA, 1945
WP(C) NO. 19158 OF 2023
PETITIONER/S:
IDBI BANK
ALFIRA TOWER, POLICE STATION ROAD, PAYYANNUR, KANNUR
REPRESENTED BY MANAGER, PIN - 670307
BY ADVS.
C.AJITH KUMAR
RAJEEVU L.G.
RESPONDENT/S:
1 CONSUMER DISPUTES REDRESSAL COMMISSION
KAKKAD ROAD, KANNUR REPRESENTED BY PRESIDENT, PIN -
670002
2 SUMA.B.N (SUMA BALAKRISHNAN NAMBIAR)
KUSUMAM, KAPPAD, KANNUR, PIN - 670006
3 AGEAS FEDERAL LIFE INSURANCE COMPANY, (FORMERLY
KNOWN AS IDBI FEDERAL LIFE INSURANCE CO. LTD.)
22ND FLOOR, A WING, MARATHON FUTUREX, NM JOSHI MARG,
LOWER PAREL EAST, MUMBAI REPRESENTED BY ITS BRANCH
MANAGER., PIN - 400013
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.06.2023, ALONG WITH WP(C).19167/2023, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 19158 & 19167 OF 2023 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 13TH DAY OF JUNE 2023 / 23RD JYAISHTA, 1945
WP(C) NO. 19167 OF 2023
PETITIONER/S:
IDBI BANK LTD.
ALFIRA TOWER, POLICE STATION ROAD, PAYYANNUR, KANNUR
REPRESENTED BY MANAGER, PIN - 670307
BY ADVS.
C.AJITH KUMAR
RAJEEVU L.G.
RESPONDENT/S:
1 CONSUMER DISPUTES REDRESSAL COMMISSION
KAKKAD ROAD, KANNUR REPRESENTED BY PRESIDENT, PIN -
670002
2 SUMA.B.N (SUMA BALAKRISHNAN NAMBIAR)
KUSUMAM, KAPPAD, KANNUR, PIN - 670006
3 NIVA BUPA HEALTH INSURANCE COMPANY LTD.
REGISTERED OFFICE, C-98, FIRST FLOOR, LAJPAT NAGAR
PART-I, NEW DELHI REPRESENTED BY MANAGER, PIN -
110024
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.06.2023, ALONG WITH WP(C).19158/2023, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 19158 & 19167 OF 2023 3
P.V.KUNHIKRISHNAN, J
---------------------------------------
W.P.(C.) Nos. 19158 & 19167 of 2023
--------------------------------------
Dated this the 13th day of June, 2023
JUDGMENT
These two writ petitions are filed by IDBI Bank with
almost similar prayers. It will be better to extract the
prayers in these writ petitions.
W.P.(C.) No. 19158 of 2023
a) "Issue a Writ of Certiorari or other appropriate Writ, Order
or Direction quashing Ext.P8, as it is without jurisdiction.
b) Declare that the 1st respondent has no authority or
jurisdiction to interfere in the SARFAESI Proceedings initiated
by the petitioner, in pursuance to Ext.P5.
c) To grant such other and further reliefs as this Hon'ble
Court may deem fit to grant in the facts and circumstances of
the case." [SIC]
W.P.(C.) No. 19167 of 2023
"a) "Issue a Writ of Certiorari or other appropriate Writ, Order
WP(C) NO. 19158 & 19167 OF 2023 4
or Direction quashing Ext.P7, as it is without jurisdiction.
b) Declare that the 1st respondent has no authority or
jurisdiction to interfere in the SARFAESI Proceedings initiated
by the petitioner, in pursuance to Ext.P4.
c) To grant such other and further reliefs as this Hon'ble
Court may deem fit to grant in the facts and circumstances of
the case." [SIC]
2. The impugned orders in these writ petitions are
the orders passed by the District Consumer Dispute
Redressal Commission, Kannur. Admittedly, the petitioner
has got an alternative remedy against these orders before
the State Consumer Redressal Forum. This Court
considered this point in The Controller of Examinations
v. Sreya N [2021 (5) KHC 537]. The relevant portion of
the above judgment is extracted hereunder :
5. "Even though the Apex Court observed that in certain
contingencies, this Court can entertain a writ petition under
Article 226 of the Constitution of India, the High Court can use
its discretion either to entertain such writ petition or to reject it.
Specific averments are necessary in the writ petition for not
availing the statutory remedy of appeal when an appealable
order is challenged by filing a writ petition under Article 226 of
the constitution of India. Simply stating that the authority who
WP(C) NO. 19158 & 19167 OF 2023 5
passed the order has no jurisdiction alone is not sufficient to
invoke the jurisdiction under Art.226 of the constitution,
especially when the appellate authority also can consider the
question of jurisdiction. This court need not entertain writ
petitions to interfere with orders passed by authorities without
jurisdiction in all situations when a statutory remedy is available.
This court can use discretion while entertaining such writ
petitions considering the facts and circumstances of each case.
6. Here is a case, where Ext.P5 is admittedly an appealable
order. When there is a statutory remedy against Ext.P5 order as
per the Consumer Protection Act, 2019, this Court need not
entertain a writ petition unless there are compelling reasons.
The petitioners are the University and its authorities. They can
approach the State Commission, instead of filing a writ petition
before this Court under Art 226 of the constitution of India. I
think there is a camp sitting of the State Commission in some of
the centres in Kerala and the principal sitting is at
Thiruvananthapuram. Nothing is mentioned in the writ petition
which prevents the writ petitioners to move an appeal against
Ext.P5 order before the State Commission except the contention
that CDRC has no jurisdiction to entertain Ext P1 complaint.
Sec.41 of the Act, 2019 deals with appeal against the order of
the District Commission. The same is extracted hereunder :
"41. Appeal against order of District Commission - Any
person aggrieved by an order made by the District
Commission may prefer an appeal against such order
to the State Commission on the grounds of facts or law
within a period of forty-five days from the date of the
order, in such form and manner, as may be prescribed:
WP(C) NO. 19158 & 19167 OF 2023 6
Provided that the State Commission may entertain an
appeal after the expiry of the said period of forty-five
days, if it is satisfied that there was sufficient cause for
not filing it within that period: Provided further that no
appeal by a person, who is required to pay any amount
in terms of an order of the District Commission, shall
be entertained by the State Commission vunless the
appellant has deposited fifty per cent of that amount in
the manner as may be prescribed: Provided also that
no appeal shall lie from any order passed under sub-
section (1) of section 81 by the District Commission
pursuant to a settlement by mediation under section
80."
3. The counsel for the petitioner submitted that in
Reghu B. and anr. v. State Bank of Travancore, Tvm.
and another [2015 (4) KHC 270], this Court interfered in
a similar situation. I am of the considered opinion that
these are discretionary power of this Court to be invoked
based on the facts and circumstances of each case. When
an alternative remedy is available to the petitioner, the
petitioner is bound to follow the alternative remedy
available as per the Consumer Protection Act. No cogent
WP(C) NO. 19158 & 19167 OF 2023 7
reason is mentioned for not availing the alternative
remedy. I am of the considered opinion that these writ
petitions need not be entertained. The petitioner is free to
challenge the impugned order before the appellate
authority in accordance to law.
With the above observation, these writ petitions are
dismissed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
WP(C) NO. 19158 & 19167 OF 2023 8
APPENDIX OF WP(C) 19167/2023
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF THE C.C NO.204/2022 DATED
17/08/2022 FILED BY THE 2ND RESPONDENT
BEFORE THE 1ST RESPONDENT (WITHOUT
EXHIBITS)
Exhibit-P2 TRUE COPY OF THE VERSION FILED BY THE
PETITIONER IN EXT.P1
Exhibit-P3 TRUE COPY OF THE LOAN RECALL NOTICE DATED
08/11/2022 ISSUED BY PETITIONER TO THE
2ND RESPONDENT
Exhibit-P4 TRUE COPY OF THE NOTICE DATED 25/11/2022
ISSUED UNDER SECTION 13(2) OF THE
SARFAESI ACT BY THE PETITIONER, TO THE
2ND RESPONDENT
Exhibit-P5 TRUE COPY OF THE I.A NO.292/2022 IN C.C
NO.204/2022 FILED BY 2ND RESPONDENT
BEFORE THE 1ST RESPONDENT
Exhibit-P6 TRUE COPY OF THE OBJECTION FILED BY THE
PETITIONER TO EXT.P5
Exhibit-P7 TRUE COPY OF THE ORDER DATED 21/12/2022
IN EXT.P1 PASSED BY 1ST RESPONDENT
WP(C) NO. 19158 & 19167 OF 2023 9
APPENDIX OF WP(C) 19158/2023
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF THE LETTER DATED 19/02/2022
ISSUED BY 3RD RESPONDENT TO THE 2ND
RESPONDENT
Exhibit-P2 TRUE COPY OF THE C.C NO.199/2022 DATED
20/12/2022 FILED BY THE 2ND RESPONDENT
BEFORE 1ST RESPONDENT (WITHOUT EXHIBITS)
ALONG WITH COPY OF SUMMONS RECEIVED FROM
1ST RESPONDENT.
Exhibit-P3 TRUE COPY OF THE VERSION FILED BY THE
PETITIONER TO EXT.P2
Exhibit-P4 TRUE COPY OF THE LOAN RECALL NOTICE DATED
08/11/2022 ISSUED BY PETITIONER TO THE
2ND RESPONDENT
Exhibit5 TRUE COPY OF THE NOTICE DATED 25/11/2022
ISSUED UNDER SECTION 13(2) OF THE
SARFAESI ACT BY THE PETITIONER, TO THE
2ND RESPONDENT
Exhibit-P6 TRUE COPY OF THE I.A NO.291/2022 IN C.C
NO.199/2022 FILED BY 2ND RESPONDENT
BEFORE THE 1ST RESPONDENT
Exhibit-P7 TRUE COPY OF THE OBJECTION FILED BY THE
PETITIONER TO EXT.P6
Exhibit-P8 TRUE COPY OF THE ORDER DATED 20/12/2022
IN EXT.P2, PASSED BY THE 1ST RESPONDENT,
