Kerala High Court
M/S. Bethanya Builders And Interiors vs The District Consumer Disputes ... on 7 March, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:20077
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 7TH DAY OF MARCH 2025 / 16TH PHALGUNA, 1946
WP(C) NO. 29092 OF 2024
PETITIONER:
M/S. BETHANYA BUILDERS AND INTERIORS
HAVING ITS OFFICE AT ARA-A-3, KUNNUPUZHA P.O.,
THIRUMALA, THIRUVANANTHAPURAM, PIN - 695 032,
ALSO HAVING OFFICE AT TC/4456, 3RD, CHURCH ROAD,
POOJAPURA, REPRESENTED BY ITS PROPRIETOR, MR. MERVIN S.
RAJ., PIN - 695012
BY ADVS.
SUDEEP ARAVIND PANICKER
A.S.DILEEP
P.BINOD
K.Y.SUDHEENDRAN
SUSEELA DILEEP
K.N.HARISHANKAR
RESPONDENTS:
1 THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,
ERNAKULAM
PULLEPADY ROAD, PULLEPADY, ERNAKULAM, KERALA,
REPRESENTED BY ITS REGISTRAR, PIN - 682017
2 M. KRISHNA PRASAD
AGED 70 YEARS
S/O. SWAMINATHA MENON,
RESIDING AT XVI/131-B, DEVAGUPTHAM, VIDHYA NAGAR,
VRINDAVARAM ROAD, COMPANYPPADY, THAIKATTUKARA P.O.,
ALUVA, ERNAKULAM, PIN - 683106
BY ADVS.
BOBBY RAPHEAL C
E.C.POULOSE(P-288)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.29092 of 2024 2
2025:KER:20077
JUDGMENT
Dated this the 7th day of March, 2025 The writ petition is filed to quash Ext.P17 order passed by the District Consumer Disputes Redressal Commission, Ernakulam (in short 'Commission').
2. The 2nd respondent had filed Ext.P3 complaint against the petitioner before the Commission for various reliefs. The petitioner had filed Ext.P4 version in Ext.P3 complaint, refuting all the allegations in the complaint. The 2nd respondent had filed Ext.P5 reply version to Ext.P4 version. By Ext.P17 final order, the Commission has allowed Ext.P3 complaint. Ext.P17 order is passed in violation of the principles of natural justice and is, therefore, patently perverse, arbitrary and illegal. Hence, the writ petition.
3. The 2nd respondent has filed a counter affidavit, inter alia, questioning the maintainability of the writ petition because there is an alternative and efficacious statutory remedy to challenge Ext.P17 order under the Consumer Protection Act, 2019 (in short 'Act'). He has contended that, Ext.P17 order is perfectly legal and justifiable. Hence, this WP(C) No.29092 of 2024 3 2025:KER:20077 Court may not entertain the writ petition and exercise its extraordinary jurisdiction.
4. The petitioner has also filed a reply, refuting the allegations in the counter affidavit filed by the 2nd respondent. He has contended that, the Commission has not looked into the legal contentions raised by the petitioner. Therefore, there is no legal impediment in this Court exercising its plenary powers under Article 226 of the Constitution of India. Hence, the writ petition may be allowed.
5. Heard; the learned Counsel for the petitioner and the learned counsel appearing for the 2nd respondent.
6. On a perusal of the materials on the record, it is evident that, the Commission has passed Ext.P17 final order, as per the provisions of the Act.
7. Indisputably, the order has been passed by the Commission in exercise of its powers under the Consumer Protection Act, 2019. The Act is a self contained code. Section 41 of the Act provides for appeals against the orders passed by District Commission to the State Commission on WP(C) No.29092 of 2024 4 2025:KER:20077 the grounds of fact or law within a period of 45 days from the date of the order, in such form and manner as may be prescribed.
8. Interpreting the analogous provisions of the Consumer Protection Act, 1986, the Honourable Supreme Court in Cicily Kallarackal v. Vehicle Factory [2012 (8) SCC 524] has held that the High Court shall not exercise its plenary powers under Article 226 of the Constitution of India, to interfere with orders passed under the Act because of the alternative remedy contained in the Act.
9. In Regional Cancer Center, Tvm v. Kerala State Consumer Dispute Redressal Commission, Tvm and Others [2021 (5) KHC 236] a Division Bench of this Court has held as follows:
"14. The Consumer Protection Act, 1986 is a self contained and a complete mechanism for redressal of the consumers related grievances by filing complaint, appeal and revision from the District Forum up to the Supreme Court subject to limits of jurisdiction provided therein. When hierarchy of remedies are provided under the Consumer Protection Act, 1986, the appellant has to avail the remedy under the said Act. Ext.P10 order passed by the State Commission is revisable before the National commission under S.21(b). The appellant having contested the claim before the CDRF on merits and subjected itself to the jurisdiction of the CDRF and further elected the remedy available to it by challenging the order of the CDRF before the State Commission by preferring appeal under S.15 of the Act, cannot switch over to another remedy in midway, even assuming such remedy by way of a writ petition is available to WP(C) No.29092 of 2024 5 2025:KER:20077 the appellant. We find no exceptional or extra ordinary circumstances warranting interference with the order of the State Commission invoking the jurisdiction of this Court under Art.226 of the Constitution of India."
10. In view of the alternative and efficacious remedy provided under the Consumer Protection Act, 2019 and the exposition of law in the afore cited decisions, I am of the view that this Writ petition is not entertainable.
Resultantly, the writ petition is dismissed, without prejudice to the right of the petitioner to work out his remedies in accordance with law.
Sd/- C.S.DIAS, JUDGE AJ WP(C) No.29092 of 2024 6 2025:KER:20077 APPENDIX OF WP(C) 29092/2024 PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE LEGAL NOTICE DATED 10/04/2018 SENT TO THE PETITIONER UNDER INSTRUCTIONS FROM THE 2ND RESPONDENT Exhibit-P2 TRUE COPY OF THE REPLY NOTICE DATED 23/04/2018 ISSUED UNDER INSTRUCTIONS FROM THE PETITIONER Exhibit-P3 TRUE COPY OF THE CONSUMER COMPLAINT BEARING NO.
227 OF 2018 FILED BY THE 2ND RESPONDENT BEFORE THE 1ST RESPONDENT DCDRC, ERNAKULAM ALLEGING DEFICIENCY OF SERVICE AGAINST THE PETITIONER Exhibit-P4 TRUE COPY OF THE DETAILED VERSION FILED BY THE PETITIONER/OPPOSITE PARTY IN CC NO. 227 OF 2018 IN RESPONSE TO THE ALLEGATIONS, CONTENTIONS AND AVERMENTS IN THE RAISED COMPLAINT Exhibit-P5 TRUE COPY OF THE VERSION FILED BY THE 2ND RESPONDENT IN CC NO. 227 OF 2018 IN REPLY TO THE VERSION FILED BY THE PETITIONER/OPPOSITE PARTY Exhibit-P6 TRUE COPY OF THE I.A. NO. 312 OF 2018 FILED BY THE 2ND RESPONDENT BEFORE THE 1ST RESPONDENT DCDRC, ERNAKULAM IN CC NO. 227 OF 2018 Exhibit-P7 TRUE COPY OF THE PANEL OF EXPERTS SUBMITTED BY THE 2ND RESPONDENT BEFORE THE 1ST RESPONDENT DCDRC, ERNAKULAM IN CC NO. 227 OF 2018 Exhibit-P8 TRUE COPY OF THE UNDATED REPORT FILED BY MR.
VISHNU VIDHYADHARAN, B.SC INTERIOR DESIGN, BEFORE THE 1ST RESPONDENT DCDRC, ERNAKULAM IN CC NO. 227 OF 2018 Exhibit-P9 TRUE COPY OF THE COMMISSION REPORT FILED BY ADV.
PRAKASH P. GEORGE, ADVOCATE COMMISSIONER BEFORE THE 1ST RESPONDENT DCDRC, ERNAKULAM IN CC NO. 227 OF 2018 Exhibit-P10 TRUE COPY OF THE PROOF AFFIDAVIT FILED BY THE 2ND RESPONDENT/COMPLAINANT BEFORE THE 1ST RESPONDENT DCDRC, ERNAKULAM IN CC NO. 227 OF 2018 WP(C) No.29092 of 2024 7 2025:KER:20077 Exhibit-P11 TRUE COPY OF THE INTERIM REPORT DATED 14/09/2023 FILED BY THE ADVOCATE COMMISSIONER YEMUNA P. BEFORE THE 1ST RESPONDENT DCDRC, ERNAKULAM IN CC NO. 227 OF 2018 Exhibit-P12 TRUE COPY OF THE PETITION DATED 14/09/2023 FILED BY THE COUNSEL FOR 2ND RESPONDENT/COMPLAINANT BEFORE THE 1ST RESPONDENT DCDRC, ERNAKULAM IN CC NO. 227 OF 2018 ALONG WITH A TYPED COPY Exhibit-P13 TRUE COPY OF THE PROCEEDINGS OF CC NO. 227 OF 2018 FOR 03/11/2023 UPLOADED ON THE WEB-PORTAL OF THE 1ST RESPONDENT DCDRC, ERNAKULAM Exhibit-P14 TRUE COPY OF THE OBJECTION DATED FILED BY THE PETITIONER/OPPOSITE PARTY TO EXHIBIT-P12 Exhibit-P15 TRUE COPY OF THE ORDER DATED 25/01/2024 PASSED BY THE 1ST RESPONDENT DCDRC, ERNAKULAM IN CC NO. 227 OF 2018 Exhibit-P16 TRUE COPY OF THE DAILY ORDER DATED 25/04/2024 PASSED BY THE 1ST RESPONDENT DCDRC, ERNAKULAM IN CC NO. 227 OF 2018 Exhibit-P16(a) TRUE COPY OF THE CAUSE LIST FOR 25/04/2024 PUBLISHED BY THE 1ST RESPONDENT DCDRC, ERNAKULAM Exhibit-P17 TRUE COPY OF THE FINAL ORDER DATED 25/04/2024 PASSED BY THE 1ST RESPONDENT DCDRC, ERNAKULAM IN CC NO. 227 OF 2018 Exhibit-P18 True copy of the E.P. No. 65 of 2024 in C.C. No. 227 of 2018 received by the petitioner