Kerala High Court
Priyanka Augustine vs The District Consumer Disputes ... on 6 February, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
W.P.(C) NO.28896 OF 2023
PETITIONERS:
1 PRIYANKA AUGUSTINE,
AGED 39 YEARS, W/O. CLINT LAWRENCE,
HOUSE NO. 1/1149-D, THEKKANATH HOUSE,
NJALIPARAMBU FORT KOCHI, ERNAKULAM, PIN-682 001.
2 CLINT LAWRENCE,
AGED 45 YEARS, S/O. T.U. CLEETUS,
HOUSE NO. 1/1149-D, THEKKANATH HOUSE,
NJALIPARAMBU FORT KOCHI, ERNAKULAM, PIN-682 001.
BY ADVS.
JOLLY JOHN
IRENE BABU
LIZA MEGHAN CYRIAC
HARIKRISHNA S.
RESPONDENTS:
1 THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,
ERNAKULAM, REPRESENTED BY THE SECRETARY,
PULLEPADY ROAD, KALOOR, PULLEPADY,
ERNAKULAM, KERALA, PIN-682 017.
2 GEETHA RANI C.,
W/O. PREMCHANDRAN NAIR, KALARICKAL HOUSE,
CHANGAMPUZHA CROSS ROAD, EDAPALLY VILLAGE,
PONEKKARA, KANAYANNOOR TALUK 682026, PIN-682 026.
3 K.P. PREMACHANDRAN NAIR
S/O. PADMANABHAN NAIR, KALARICKAL HOUSE,
CHANGAMPUZHA CROSS ROAD, EDAPALLY VILLAGE,
PONEKKARA, KANAYANNOOR TALUK 682026, PIN-682 026.
ADV. K.G. RAJEESH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
-2-
W.P.(C) NO.28896 OF 2023
JUDGMENT
Dated this the 6th day of February, 2024
The petitioners impugn Exts.P7, P8 and P10 orders
passed by the Consumer Disputes Redressal Commission,
Ernakulam, saying that, at the time when the said
Commission set them ex-parte, they had no notice of the
summons issued to them by it. They say that however,
disregarding this factor, all the impugned orders have
been issued, including the Final Order; and hence that
they have been left without any other option, but to
approach this Court through this writ petition.
2. Sri. Jolly John - learned counsel for the
petitioners, pointed out Exts.P1 to P5 medical certificates,
to argue that his clients had been incapacitated from
either receiving the summons from the Commission or in
responding to it; and therefore, that the orders setting
them ex-parte are illegal and unlawful. He submitted that,
in such circumstances, his clients are justified in
contending that the impugned orders are null and void;
W.P.(C) NO.28896 OF 2023
and hence that this writ petition is maintainable. He thus
prayed that the relief sought for in this writ petition be
granted.
3. Sri. K.G. Rajeesh - learned counsel appearing for
the respondents 2 and 3, submitted that a counter
affidavit has been filed on record, wherein, his clients
have taken a preliminary contention that this writ petition
is not maintainable because, the impugned orders are
amenable to statutory appeal before the State
Commission. He argued that, in any event, the contentions
of the petitioners, that they were not aware of the
summons issued by the District Commission, is a matter to
be decided on merits and on the basis of evidence, which
cannot be done by this Court while acting under Article
226 of the Constitution of India. He thus prayed that this
writ petition be dismissed.
4. I have no doubt that, normally, this Court will
not intervene, unless the orders challenged are
demonstrated to be null and void, or issued without
jurisdiction.
W.P.(C) NO.28896 OF 2023
5. In the case at hand, according to the petitioners,
they were set ex-parte by the District Commission
illegally, though they were not aware of the summons
issued by it to them in time. This certainly is a disputation
of facts, which, normally, cannot be decided by this Court,
while exercising writ jurisdiction.
6. Since the petitioners have not challenged any of
the statutory provisions and admit that they are bound by
the same, one fails to understand how they can impel this
writ petition before this Court, seeking that the interim
orders and the Final Orders of the District Commission be
interdicted or set aside. Obviously, the proper remedy for
the petitioners is to approach the State Commission,
under the statutory scheme and contest the orders, on
grounds as are available to them in law.
7. With the afore liberty being reserved to the
petitioners, this writ petition is closed.
8. I, however, clarify that I have not entered into
the merits of any other rival contentions on its merits and
that all of them are left open.
W.P.(C) NO.28896 OF 2023
Further, the period from the date on which this
writ petition was filed, namely 22.08.2023, until the
certified copy of this judgment is delivered, can be sought
to be excluded from the period of limitation by the
petitioners, as and when they move the State Commission
in terms of the liberty afore reserved to them.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
bpr
W.P.(C) NO.28896 OF 2023
APPENDIX OF WP(C) 28896/2023
PETITIONERS' EXHIBITS
Exhibit P-1 TRUE COPY OF THE DISCHARGE AND
TREATMENT SUMMARY DATED 23.06.2021 OF
MRS.SUSAN AUGUSTINE ISSUED FROM MEDICAL
TRUST HOSPITAL, ERNAKULAM.
Exhibit P-2 TRUE COPY OF THE DISCHARGE SUMMARY
DATED 06.07.2021 OF MRS.SUSAN AUGUSTINE
ISSUED FROM LISIE HOSPITAL, ERNAKULAM.
Exhibit P-3(a) TRUE COPY OF THE MEDICAL RECORDS OF
MRS. SUSAN AUGUSTINE FROM LISIE
HOSPITAL, ERNAKULAM DATED 10.07.2021.
Exhibit P-3(b) TRUE COPY OF THE MEDICAL RECORDS OF
MRS. SUSAN AUGUSTINE FROM LISIE
HOSPITAL, ERNAKULAM DATED 06.02.2021.
Exhibit P-3(c) TRUE COPY OF THE MEDICAL RECORDS OF
MRS. SUSAN AUGUSTINE FROM INDO AMERICAN
HOSPITAL, ERNAKULAM DATED 16.12.2022.
Exhibit P-4 TRUE COPY OF THE DEATH CERTIFICATE
NO.3562/2023 DATED 16.05.2023 OF MRS.
SUSAN AUGUSTINE.
Exhibit P-5 TRUE COPY OF THE MEDICAL CERTIFICATE OF
THE PETITIONER NO.2 DATED 19.05.2022
ISSUED BY DR.RAJESH S KAIMAL.
Exhibit P-6 TRUE COPY OF THE COMPLAINT FILED BY THE
RESPONDENTS IN CC 242/2021 ISSUED FROM
THE CONSUMER DISPUTES REDRESSAL
COMMISSION, ERNAKULAM.
Exhibit P-7 TRUE COPY OF THE EX-PARTE PROCEEDINGS
DATED 07.02.2022 IN CC NO.242/2021 FROM
THE WEBSITE OF THE COMPUTERIZATION AND
COMPUTER NETWORKING OF CONSUMER
COMMISSIONS IN COUNTRY.
W.P.(C) NO.28896 OF 2023
Exhibit P-8 TRUE COPY OF THE CERTIFIED COPY OF THE
FINAL ORDER DATED 17.01.2023 IN CC
242/2021.
Exhibit P-9 TRUE COPY OF THE REVIEW PETITION
NO.4/2023 IN CC NO. 242/2021 BEFORE THE
CONSUMER DISPUTES REDRESSAL COMMISSION,
ERNAKULAM.
Exhibit P-10 TRUE COPY OF THE CERTIFIED COPY OF THE
ORDER DATED 24.07.2023 IN RP 4/2023 IN
CC 242/2021 OF THE HON'BLE CONSUMER
DISPUTES REDRESSAL COMMISSION,
ERNAKULAM.
Exhibit P-11 TRUE COPY OF THE PETITION FILED BY THE
RESPONDENTS IN EP 29/2023.
