Idukki Housing Co-Operative Society vs The Consumer Disputes Redressal Forum ...
2024 Latest Caselaw 19019 Ker

Kerala High Court

Idukki Housing Co-Operative Society vs The Consumer Disputes Redressal Forum ... on 28 June, 2024

Author: Amit Rawal

Bench: Amit Rawal

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                 THE HONOURABLE MR. JUSTICE AMIT RAWAL
        FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
                           WP(C) NO. 498 OF 2014
PETITIONER:

            IDUKKI HOUSING CO-OPERATIVE SOCIETY
            LIMITED NO.I-155, REP. BY ITS SECRETARY-IN-
            CHARGE,IDUKKI COLONY P.O., CHERUTHONY,
            IDUKKI DISTRICT PIN - 685 602.

            BY ADV SRI.JOICE GEORGE



RESPONDENTS:

    1       THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI,
            REPRESENTED BY ITS PRESIDENT, PAINAVU P.O.,
            IDUKKI DISTRICT - 685 602.

    2       LAKSHMY
            W/O.BHASKARAN, RESIDING AT NARANATHU HOUSE,
            ALPPARA P.O., CHURULI, IDUKKI DISTRICT -685 606.

    3       THE SENIOR INSPECTOR OF CO-OPERATIVE SOCIETY
            ARBITRATOR-CUM-SPECIAL SALE OFFICER,
            KERALA STATE CO-OPERATIVE HOUSING FEDERATION,
            KALOOR, ERNAKULAM, KOCHI - 682 017.

            BY ADVS.
            SRI.BINU PAUL
            SRI.SHAJI THOMAS
            SRI.T.V.VINU

            SR. GP-T.K.VIPINDAS




     THIS     WRIT   PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
28.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 498 OF 2014
                                2




                          JUDGMENT

Order under challenge is appealable before the State

Consumer Redressal Commission. Petitioner is relegated to

avail the remedy of appeal, within a period of two months,

by seeking condonation of delay in respect of the period spent

in this Court. Interim order till the availment of remedy of

appeal, shall continue. Thereafter, petitioner shall be entitled

to seek interim order in case appeal is filed.

Writ petition stands disposed off.

Sd/-

AMIT RAWAL JUDGE nak WP(C) NO. 498 OF 2014

APPENDIX OF WP(C) 498/2014

PETITIONER EXHIBITS

EXT.P-1: TRUE COPY OF THE LOAN AGREEMENT EXECUTED BETWEEN THE BANK AND THE 2ND RESPONDENT DATED 22.5.2000

EXT.P-2: TRUE COPY OF THE AWARD IN ARC NO.3/2003 DATED 8.4.2003 ISSUED BY THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES

EXT.P-3: TRUE COPY OF THE SALE NOTIFICATION PUBLISHED BY THE 3RD RESPONDENT DATED 12.9.2012

EXT.P-4: TRUE COPY OF THE COMPLAINT AS CC NO.215/2012 FILED BY THE 2ND RESPONDENT BEFORE THE 1ST RESPONDENT

EXT.P-5: TRUE COPY OF THE INTERIM ORDER IN CC NO.215/2012 DATED 28.9.2012 PASSED BY THE 1ST RESPONDENT

EXT.P-6: TRUE COPY OF THE WRITTEN VERSION IN CC NO.215/2012 DATED 15.11.2012

EXT.P-7: TRUE COPY OF THE ORDER IN CC NO.215/2012 DATED 31.12.2012 ISSUED BY THE 1ST RESPONDENT.