Kerala High Court
Shriram Transport Finance Co. Ltd vs Siddeek.K on 11 December, 2008
Author: H.L.Dattu
Bench: H.L.Dattu, A.K.Basheer
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1698 of 2008()
1. SHRIRAM TRANSPORT FINANCE CO. LTD.,
... Petitioner
Vs
1. SIDDEEK.K., S/O.C.MOHAMMED, KOLIKATTA
... Respondent
For Petitioner :SRI.RAJESH NAMBIAR
For Respondent :SRI.T.MADHU
The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice A.K.BASHEER
Dated :11/12/2008
O R D E R
H.L.DATTU, C.J. & A.K.BASHEER, J.
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W.A.No.1698 of 2008-E
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Dated, this the 11th day of December, 2008
JUDGMENT
H.L.Dattu, C.J.
This writ appeal is directed against the orders passed by the learned Single Judge in W.P.(C) No.22011/2008 dated 22.7.2008.
2. While disposing of the writ petition, the learned Single Judge has observed, that, the petitioner has got an alternative remedy against the orders passed by the District Consumer Disputes Redressal Forum on a petition filed under Section 8 of the Arbitration and Conciliation Act, 1996.
3. Whether the petitioner/appellant has got alternative remedy before any other forum under the provisions of the Consumer Protection Act need not be decided in this appeal. It is suffice to observe that the orders passed by the District Consumer Disputes Redressal Fourm is in accordance with the law declared by the Apex Court in the case of Skypak Couriers Ltd. Vs.Tata Chemicals Ltd. {2000 (5) SCC 294}. Therefore, the learned Single Judge could have disposed of the writ petition mainly on the ground that the observations made by the W.A.No.1698/2008 -2- District Consumer Disputes Redressal Forum was in consonance with the law declared by the Apex Court in the case of Skypak Couriers Ltd. Vs. Tata Chemicals Ltd. {2000 (5) SCC 294}.
4. In view of the above, deleting that portion of the order passed by the learned Single Judge directing the petitioner to file revision/appeal before the authorities under the Consumer Protection Act, we reject this writ appeal.
Ordered accordingly.
(H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE MS