The Ranni Primary Cooperative ... vs The Consumer Disputes Redressal ...
2024 Latest Caselaw 5783 Ker

Kerala High Court

The Ranni Primary Cooperative ... vs The Consumer Disputes Redressal ... on 20 February, 2024

Author: Amit Rawal

Bench: Amit Rawal

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
               THE HONOURABLE MR. JUSTICE AMIT RAWAL
                                 &
              THE HONOURABLE MRS. JUSTICE C.S. SUDHA
    TUESDAY, THE 20TH DAY OF FEBRUARY 2024 / 1ST PHALGUNA, 1945

                          WA NO. 1373 OF 2023
AGAINST THE JUDGMENT IN WP(C) NO.40971 OF 2022 OF HIGH COURT OF
KERALA


APPELLANT/PETITIONER:
           THE RANNI PRIMARY COOPERATIVE AGRICULTURAL RURAL
           DEVELOPMENT BANK LTD. NO. PT 232
           PAZHAVANGAADI POST, RANNI, PATHANAMTHITTA DISTRICT,
           REPRESENTED BY ITS SECRETARY., PIN - 689673

          BY ADVS.
          ARUN CHANDRAN
          HARIMOHAN
          ANJALY T.A



RESPONDENTS/RESPONDENTS:
     1     THE CONSUMER DISPUTES REDRESSAL COMMISSION
           CHITTOOR, PATHANAMTHITTA DISTRICT, PIN - 689645

    2     CHACKO MATHEW
          THANUVELILAYA PATHALIL, MADANTHAMON, NARANAMMOOZHI
          POST, ATHIKKAYAM VILLA, RANNI TALUK, PATHANAMTHITTA
          DISTRICT, PIN - 689 711

    3     RAJANI
          W/O CHACKO MATHEW, THANUVELILAYA PATHALIL, MADANTHAMON,
          NARANAMMOOZHI POST, ATHIKKAYAM VILLA, RANNI TALUK,
          PATHANAMTHITTA DISTRICT, PIN - 689 711

          BY ADVS.
          JACOB P. ALEX
          JOSEPH P.ALEX(K/1-C/2002)
          AMAL AMIR ALI(K/000773/2019)
          MANU SANKAR P.(K/000823/2018)


     THIS WRIT APPEAL HAVING COME UP FOR HEARING ON 20.02.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA NO. 1373 OF 2023
                                        2

                             JUDGMENT

Amit Rawal, J.

The learned Single Bench dismissed the writ petition

filed by the petitioner with the following prayers:

I. Call for the records leading to Ext.P3 and quash the same by issuing a writ in the nature of certiorari.

II. Declare that the petitioner Society is entitled to continue the execution proceedings by way of sale of the 75 cents of property comprised in 781/1/21/3 of Athikkayam Village of Pathanamthitta District, so as to recover the outstanding amounts which are due to the Bank.

III. Declare that the 1st respondent has no jurisdictional or power to interfere with and adjudicate the disputes between a Co-operative Society and its member in relation to contractual matter after having entered into the agreement accepting the term and mode of recovery.

IV. Issue a writ of prohibition restraining the 1 st respondent from adjudicating and interfering with the issues which pertains to the petitioner Bank and its member.

2. The impugned judgment dated 21.6.2023 reads

thus:

The 'Ranni Primary Co-operative Agricultural and Rural Development Bank' ('Bank' for short) has approached this Court for a declaration that the 1st respondent - Consumer Disputes Redressal Commission ('Commission', for short), obtains no jurisdiction to entertain or consider Ext.P3 complaint, because it relates to contractual matters between them and respondents 2 and 3, with respect to a loan facility availed of by the latter. They, however, concede that they have not raised any objection regarding jurisdiction before the 'Commission', but argue that it is unnecessary because law has WA NO. 1373 OF 2023

now been well settled that said Authority will obtain no competence in these matters.

2. I am afraid that the afore submissions of the petitioner cannot immediately appeal to me because, when proceedings are initiated by a judicial or quasi-judicial Authority, party to the litigation, if he so requires, must first impel the contention that it has no jurisdiction to consider the aspects presented before it. In the afore circumstances, without entering into the merits of any of the contentions of the rival parties, I close this writ petition; however, leaving liberty to the petitioner to raise the question of jurisdiction before the 1st respondent -

Commission, which this Court is sure that said Authority will consider in terms of law.

3. We do not find that any cause of action would arise

against the judgment of the Single Bench for filing of the intra

court appeal. The objection of jurisdiction can always be

raised by the appellant against the respondent No.1 in the

petition.

With the aforementioned observation, the writ appeal is

disposed of.

Sd/-

AMIT RAWAL JUDGE

Sd/-

sab                                               C.S. SUDHA
                                                     JUDGE
 WA NO. 1373 OF 2023




PETITIONER ANNEXURES

Annexure 1             TRUE COPY OF THE ENGLISH TRANSLATION OF

EXHIBIT - P2 SALE NOTICE ISSUED BY THE SALE OFFICER DATED 09.11.2022.

Annexure 2 TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT - P3 CONSUMER COMPLAINT PREFERRED BY PARTY RESPONDENTS 2 AND 3 BEFORE 1ST RESPONDENT COMMISSION