Sanjeev N R vs Bharat Benz
2023 Latest Caselaw 3905 Ker

OP(C) NO. 608 OF 2023
                                     1

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR.JUSTICE C.S.DIAS
  THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
                         OP(C) NO. 608 OF 2023

C.C. NO. 494 OF 2018 IS PENDING BEFORE THE HONORABLE CONSUMER

                   DISPUTES REDRESSAL FORUM, THRISSUR

PETITIONER/S:

            SANJEEV N R
            AGED 44 YEARS
            S/O. RAJAPPAN NADUVILAVALAPPIL HOUSE KUTTANALLOOR
            P.O THRISSUR, PIN - 680664

            BY ADVS.
            E.ADITHYAN
            MEERA RAMESH
            TREESA MANJILA



RESPONDENT/S:

    1       BHARAT BENZ
            AUTOBAHN, TRUCKING CORPORATION PVT LTD, REP.BY
            MANAGING DIRECTOR, VII/24B, NH-47, KOTTAYI, NEAR
            ATHANI JN. NEDUMBASSERY, ERNAKULAM, PIN - 683585

    2       DAIMLER INDIA COMMERCIAL VEHICLE PVT. LTD
            UNIT 21, 2ND FLOOR, CAMPUS, 3B, RMZ MILLENNIA
            BUSINESS PARK, DR. MGR ROAD, PERUNGUDI, CHENNAI ,
            TAMIL NADU, INDIA, PIN - 600096


     THIS     OP    (CIVIL)    HAVING    COME   UP    FOR    ADMISSION    ON
30.03.2023,     THE    COURT    ON   THE   SAME      DAY    DELIVERED    THE
FOLLOWING:
 OP(C) NO. 608 OF 2023
                             2

                        JUDGMENT

The original petition is filed, interalia, to direct the

Consumer Disputes Redressal Forum, Thrissur to

consider and dispose of CC No.494/2018 expeditiously.

2. Pursuant to the order dated 15.03.2023 passed by

this Court, the Registrar of the Forum by communication

dated 18.03.2023, has informed this Court that the

complaint can be disposed of within four months.

3. Heard; Sri.E.Adithyan, the learned Counsel

appearing for the petitioner and Sri. Jagan Abraham, the

learned Counsel appearing for the 1st respondent.

4. In the light of the pleadings and materials on

record and after perusing the communication of the

Forum and taking note of the law laid down by the

Honourable Supreme Court in Ibrat Faizan v. Omaxe

Buidhome Private Ltd. [(2020) 2 SCC Online SC 620],

in exercise of the supervisory powers of this Court under

Article 224 of the Constitution of India, I direct the OP(C) NO. 608 OF 2023

Consumer Disputes Redressal Forum, Thrissur to

consider and dispose of CC No.494/2018, in accordance

with law and as expeditiously as possible at any rate

within a period of four months from the date of receipt of

a certified copy of the judgment.

The original petition is ordered accordingly.

Sd/-

C.S.DIAS, JUDGE rkc/30.03.23 OP(C) NO. 608 OF 2023

APPENDIX OF OP(C) 608/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE C.C. NO. 494 OF 2018 IS PENDING BEFORE THE HONORABLE CONSUMER DISPUTES REDRESSAL FORUM, THRISSUR

Exhibit P2 A TRUE COPY OF THE OBJECTION FILED BY THE OPPOSING PARTY

Exhibit P3 A TRUE COPY OF THE RELEVANT PAGES OF COMMISSIONER'S ORDER DATED 09.04.2019

Exhibit P4 A TRUE COPY OF THE OBJECTION AGAINST THE COMMISSIONER'S REPORT FILED BY THE OPPOSING PARTY.