Nishanth Chundakandy vs Nisar Abdul Rahman
2024 Latest Caselaw 6285 Ker

Kerala High Court

Nishanth Chundakandy vs Nisar Abdul Rahman on 29 February, 2024

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
      THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA, 1945
                             OP(C) NO. 542 OF 2024
CC NO.25 OF 2022 OF KERALA STAE CONSUMER DISPUTE REDRESSAL COMMISSION,
THIRUVANANTHAPURAM
PETITIONER(S)/PETITIONERS:

     1     NISHANTH CHUNDAKANDY
           AGED 39 YEARS
           S/O. RAMAKRISHNAN, CHUNDAKANDY HOUSE, NEAR POOKOTH KOTTARAM,
           TALIPARAMBA, KANNUR, PIN - 670141
     2     NIMISHA
           AGED 35 YEARS
           W/O. NISHANTH CHUNDAKANDY CHUNDAKANDY HOUSE, NEAR POOKOTH
           KOTTARAM, TALIPARAMBA, KANNUR, PIN - 670141
           BY ADVS.
           GOKUL R.NAIR
           T.T.MOHAMMOOD

RESPONDENT(S)/RESPONDENT:

     1     NISAR ABDUL RAHMAN
           AGED 48 YEARS
           S/O. K V ABDUL RAHMAN, RAYHANA'S, KURUMATHOOR,
           KARIMBAM P.O., KANNUR, PIN - 670142

     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 29.02.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(C.) No.542 of 2024


                                     2

                      C.JAYACHANDRAN, J.
                ------------------------------------
                    O.P.(C.) No.542 of 2024
                ------------------------------------
            Dated this the 29th day of February, 2024

                              JUDGMENT

The petitioners are the plaintiffs in C.C. No.25/2022

pending before the Kerala State Consumer Redressal

Commission, Thiruvananthapuram. The petitioner seeks

expeditious disposal of the said suit.

2. Heard the learned counsel for the petitioners.

In view of the order that is proposed to be passed,

notice to the respondent is dispensed with.

3. This Court notice that the case sought to be

expedited is of the year 2022. The relief, if granted,

would frustrate the legitimate the expectations of those

litigants who have filed cases earlier and who are

waiting in the queue, awaiting adjudication and

disposal. In the circumstance, this Original Petition

cannot be allowed.

4. In view of relief no.2, this Court directs the

State Consumer Redressal Commission to consider

including C.C. No.25/2022 in the Camp Sitting at

Ernakulam, more so, in view of the urgency espoused

by the learned counsel for the petitioners.

The Original Petition is disposed of as above.

Sd/-

C. JAYACHANDRAN

JUDGE SKP/29-02

APPENDIX OF OP(C) 542/2024

PETITIONERS' EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE C. C NO. 25/2022 COMPLAINT FILED BY THE PETITIONERS BEFORE THE HONOURABLE STATE CONSUMER DISPUTE REDRESSAL COMMISSION, THIRUVANANTHAPURAM DATED 04-08-2022 EXHIBIT P2 TRUE COPY OF THE PAYMENT RECEIPT REGARDING THE COMPLETION OF THE VILLA PROJECT MADE BY THE 1ST PETITIONER TOWARDS THE RESPONDENT EXHIBIT P3 TRUE COPY OF THE BUILDING CONSTRUCTION AGREEMENT ENTERED BETWEEN THE PETITIONERS AND THE RESPONDENT DATED 12.05.2019 EXHIBIT P4 TRUE COPY OF THE VERSION DATED 31.10.2022 FILED BY THE RESPONDENT EXHIBIT P5 TRUE COPY OF THE IMAGES OF THE PETITIONER'S VILLA EXHIBIT P5(A) TRUE COPY OF THE BROCHURE OF THE RESPONDENT'S URBAN VALLEY VILLA PREMIUM PROJECT RESPONDENT'S EXHIBITS:NIL

TRUE COPY

P.A. TO JUDGE