Pooram Finserv Pvt. Ltd vs District Consumer Disputes Redressal ...
2025 Latest Caselaw 6549 Ker

Kerala High Court

Pooram Finserv Pvt. Ltd vs District Consumer Disputes Redressal ... on 10 June, 2025

                                                           2025:KER:40492

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

           THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

     TUESDAY, THE 10TH DAY OF JUNE 2025 / 20TH JYAISHTA, 1947

                      WP(C) NO. 16411 OF 2025

PETITIONER/S:

            POORAM FINSERV PVT. LTD., REPRESENTED BY C.K.
            ANILKUMAR, MANAGING DIRECTOR, POORAM FINSERV PVT.
            LTD, HAVING REGISTERED OFFICE AT 1ST FLOOR,
            PATHAYAPURA, ROUND SOUTH, THRISSUR,
            PIN - 680001


            BY ADV SMT.ANUPAMA SUBRAMANIAN
RESPONDENT/S:

      1     DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
            OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL
            COMMISSION, AYYANTHOLE, THRISSUR,REPRESENTED BY
            ITS ADMINISTRATIVE OFFICER,
            PIN - 680003

      2     DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
            OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL
            COMMISSION, NEAR DISTRICT PANCHAYAT OFFICE,
            PALAKKAD REPRESENTED BY ITS ADMINISTRATIVE
            OFFICER, PIN - 678001


            BY ADV SHRI.E.SURESH KUMAR NAIR

             SMT.JASMIN M.M, G.P
       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    10.06.2025,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.C No. 16411 of 2025

                                         2

                                                                  2025:KER:40492

                               JUDGMENT

The petitioner has approached this Court seeking the

following reliefs:

"(i) To issue a writ of prohibition, or any other appropriate writ,

order or direction directing the respondents to hold that

complaint cases pertaining to debentures filed against the

petitioner herein is not maintainable in the respondent

forums.

(ii) To issue a writ of certiorari, or any other appropriate writ,

order or direction to recall the orders in the complaint cases

pertaining to debentures passed by the respondent forums.

(iii) Issue any other writ, direction or order as this Hon'ble

Court may deem fit and proper in the facts and

circumstances of this case."

2. The grievance of the petitioner is that, as against the

petitioner, alleging deficiency of service, several complaints

have been submitted by some debenture holders, before various

Consumer Disputes Redressal Commissions in the State.

According to the petitioner, the said complaints are not

maintainable before the Consumer Disputes Redressal

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Commissions, as the same are beyond the scope of jurisdiction

contemplated under the Consumer Protection Act. It was in

these circumstances, this writ petition was submitted seeking

the aforesaid reliefs.

2. I have heard the learned counsel for the petitioner

and the learned Government Pleader.

3. As far as the relief sought by the petitioner is

concerned, it is general in nature and none of the complainants

who had submitted complaints against the petitioner before the

respective Consumer Disputes Redressal Commissions were

made parties. The petitioner cannot seek a general order in a

writ petition of this nature, particularly when there are remedies

available to the petitioner to raise the question of

maintainability before the respective Forums in the process of

considering the respective complaints. Therefore, since it is a

matter to be decided taking note of the transactions which are

the subject matter of each case, a general decision cannot be

taken, without referring to such transactions. Moreover, as

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observed above, the affected parties are also not impleaded as

the respondents in this writ petitioner. Therefore, I do not find

any justifiable reason to entertain this writ petition.

Accordingly, this writ petition is dismissed without

prejudice to the right of the petitioner to raise the contention

regarding the maintainability of the applications before the

appropriate Forums by filing necessary applications in this

regard.

Sd/-

ZIYAD RAHMAN A.A. JUDGE rpk

2025:KER:40492

APPENDIX OF WP(C) 16411/2025

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE FRESH CERTIFICATE OF INCORPORATION CONSEQUENT UPON CHANGE OF NAME DATED 20.03.2014 Exhibit P2 A TRUE COPY OF THE MEMORANDUM OF ASSOCIATION OF M/S. POORAM FINSERV PVT. LTD.

Exhibit P3 A TRUE COPY OF ARTICLES OF ASSOCIATION OF M/S. POORAM FINSERV PVT. LTD Exhibit P4 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION BEARING NO. B-16.00199 DATED 03.04.2014 Exhibit P5 A TRUE COPY OF THE GST REGISTRATION CERTIFICATE BEARING NO. 32AAACR9026JIZF DATED 16.07.2018 Exhibit P6 A TRUE COPY OF THE MINUTES OF THE BOARD OF THE DIRECTORS OF THE COMPANY DATED 22.07.2016 Exhibit P7(a) A TRUE COPY OF MINUTES OF M/S POORAM FINSERV PVT LTD. DATED 05.03.2015 REGARDING THE ISSUANCE OF DEBENTURES Exhibit P7(b) A TRUE COPY OF MINUTES OF M/S POORAM FINSERV PVT LTD. DATED 16.03.2016 REGARDING THE ISSUANCE OF DEBENTURES Exhibit P7(c) A TRUE COPY OF MINUTES OF M/S POORAM FINSERV PVT LTD. DATED 21.03.2017 REGARDING THE ISSUANCE OF DEBENTURES Exhibit P7(d) A TRUE COPY OF MINUTES OF M/S POORAM FINSERV PVT LTD. DATED 29.03.2018 REGARDING THE ISSUANCE OF DEBENTURES Exhibit P7(e) A TRUE COPY OF MINUTES OF M/S POORAM FINSERV PVT LTD. DATED 30.09.2019 REGARDING THE ISSUANCE OF DEBENTURES Exhibit P7(f) A TRUE COPY OF MINUTES OF M/S POORAM FINSERV PVT LTD. DATED 30.09.2020 REGARDING THE ISSUANCE OF DEBENTURES

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Exhibit P7(g) TRUE COPY OF MINUTES OF M/S POORAM FINSERV PVT LTD. DATED 30.09.2021 REGARDING THE ISSUANCE OF DEBENTURES Exhibit P8 A TRUE COPY OF THE DEBENTURE CERTIFICATE ISSUED BY M/S. POORAM FINSERV PVT. LTD BEARING NO. DBN 1 SP 5243 DATED 05.03.2021 Exhibit P9 A TRUE COPY OF THE SUBORDINATED DEBT CERTIFICATE NO. 0092 B DATED 05.02.2016 ISSUED BY POORAM FINSERV PVT. LTD Exhibit P10 A TRUE COPY OF THE STATEMENT OF RECEIVABLES AND PAYABLES OF M/S. POORAM FINSERV PVT. LTD AS ON 28.01.2023 Exhibit P11 A TRUE COPY OF THE PRESS RELEASE NO. :

2023-2024/907 CANCELLING THE REGISTRATION OF POORAM FINSERV DATED 12.09.2023 Exhibit P12 A TRUE COPY OF THE PLAINT IN A COMMERCIAL SUIT INITIATED AGAINST THE PETITIONER IN C.S. NO. 238 OF 2022 BEFORE THE HON'BLE COMMERCIAL COURT, THRISSUR Exhibit P13 A TRUE COPY OF THE PLAINT IN AN ORIGINAL SUIT INITIATED AGAINST THE PETITIONER IN O.S. 652 OF 2024 BEFORE THE HON'BLE MUNSIFF COURT, PALAKKAD Exhibit P14 A TRUE COPY OF A CONSUMER COMPLAINT IN C.C. NO. 88 OF 2024 FILED BEFORE THE 2ND RESPONDENT AGAINST THE PETITIONER WITHOUT ANNEXURES Exhibit P15 A TRUE COPY OF A PETITION FILED DISPUTING THE MAINTAINABILITY OF THE CASE AS I.A. NO. 283/2024 IN C.C. NO. 88 OF 2024 FILED BEFORE THE 2ND RESPONDENT Exhibit P16 A TRUE COPY OF AN ORDER PASSED AGAINST THE PETITIONER IN C.C. NO. 88 OF 2024 BY THE 2ND RESPONDENT DATED 03.10.2024