Faisal vs Rakesh Chakrapani

Type Court Judgment Court Kerala Decided Jun 01, 2023

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Citation: sooperkanoon.com/1363344
Court: Kerala High Court
Judge: Honourable Mr. Justice P.V.Kunhikrishnan
Decided On: Jun 01, 2023
Case Number: WP(C)/17356/2023

Parties & Advocates

Appellant / Petitioner

Faisal

Respondent

Rakesh Chakrapani

Excerpt

.....a new expert commissioner(ii) to call for exhibit p8 and set aside the same as arbitrary and illegal;(iii) to issue any other writ, order or direction the court deems fit and proper in the nature and circumstance of the case.” [sic]2. the petitioner is aggrieved by an order passed by the consumer dispute redressal commission, alappuzha which is produced as ext.p8 order. it is conceded that ext.p8order can be challenged before the state consumer redressalwp(c) no. 17356 of 2023 3 forum. if that is the case, the petitioner has to challenge ext.p8 before the state forum in accordance with law. granting liberty to the petitioner to challenge ext.p8 before the state consumer redressal forum, this writ petition is closed. all the contentions raised by the petitioner in this writ petition are left open. sd/- p.v.kunhikrishnan judge sks wp(c) no. 17356 of 2023 4 appendix of wp(c) 17356/2023 petitioner exhibits exhibit p1 a true copy of cc no. 239 / 2022 before the cdrc alappuzha exhibit p2 a true copy of objection filed by 1st respondent in cc no. 239 / 2022 before the cdrc alappuzha exhibit p3 a true copy of the petition filed by the petitioner for appointing expert commissioner exhibit p4 a true copy of the first report submitted by the expert commissioner exhibit p5 a true copy of the objection filed by the petitioner exhibit p6 a true copy of the affidavit and petition file by the petitioner exhibit p7 a true copy of the judgment dated hon'ble court exhibit p8 a true copy of the order dated 24/02/2023 in ia no 70/2023 in cc no. 239/2022 of the hon'ble consumer disputes redressal exhibit p9 a true copy of the 2nd commission report dated 13/04/2023 exhibit p10 a true copy of the order dated 26/11/2022 in ia no 397/2022 in cc no. 239/2022 of the hon'ble consumer disputes redressal exhibit p11 a true copy of ia no 131/2023 in cc no

Full Judgment

WP(C) NO. 17356 OF 2023 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 1ST DAY OF JUNE 2023 / 11TH JYAISHTA, 1945 WP(C) NO. 17356 OF 2023 PETITIONER/S: FAISAL AGED 40 YEARS S/O MUHAMMED SAHEED FATHIMA COTTAGE, CIVIL STATION WARD ALAPPUZHA, PIN - 688001 BY ADVS. P.YADHU KUMAR ASWINI SANKAR R.S. SWETHA K.S. RESPONDENT/S: 1 RAKESH CHAKRAPANI AGED 45 YEARS KAVITHA ENGINEERING AND CONTRACTORS, WEST OF YMCA, ALAPPUZHA, PIN - 688001 2 2. DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION ALAPPUZHA KALARCODE, PAZHAVEDU ALAPPUZHA, PIN - 688009 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 17356 OF 2023 2 P.V.KUNHIKRISHNAN, J --------------------------------------- W.P.(C.) No.17356 of 2023 -------------------------------------- Dated this the 1st day of June, 2023

JUDGMENT

The above writ petition is filed with following prayers : “(i) To issue a writ in the nature of mandamus or order or direction to the 2nd respondent herein to re-consider the Exhibit P6, interim application and pass appropriate orders by appointing a new expert commissioner

(ii) To call for exhibit P8 and set aside the same as arbitrary and illegal;

(iii) To issue any other writ, order or direction the court deems fit and proper in the nature and circumstance of the case.” [SIC]

2. The petitioner is aggrieved by an order passed by the Consumer Dispute Redressal Commission, Alappuzha which is produced as Ext.P8 order. It is conceded that Ext.P8

order can be challenged before the State Consumer Redressal

WP(C) NO. 17356 OF 2023 3 Forum. If that is the case, the petitioner has to challenge Ext.P8 before the State Forum in accordance with law. Granting liberty to the petitioner to challenge Ext.P8 before the State Consumer Redressal Forum, this writ petition is closed. All the contentions raised by the petitioner in this writ petition are left open. Sd/- P.V.KUNHIKRISHNAN JUDGE SKS WP(C) NO. 17356 OF 2023 4 APPENDIX OF WP(C) 17356/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF CC NO. 239 / 2022 BEFORE THE CDRC ALAPPUZHA Exhibit P2 A TRUE COPY OF OBJECTION FILED BY 1ST RESPONDENT IN CC NO. 239 / 2022 BEFORE THE CDRC ALAPPUZHA Exhibit P3 A TRUE COPY OF THE PETITION FILED BY THE PETITIONER FOR APPOINTING EXPERT COMMISSIONER Exhibit P4 A TRUE COPY OF THE FIRST REPORT SUBMITTED BY THE EXPERT COMMISSIONER Exhibit P5 A TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER Exhibit P6 A TRUE COPY OF THE AFFIDAVIT AND PETITION FILE BY THE PETITIONER Exhibit P7 A TRUE COPY OF THE JUDGMENT DATED HON'BLE COURT Exhibit P8 A TRUE COPY OF THE ORDER DATED 24/02/2023 IN IA NO 70/2023 IN CC NO. 239/2022 OF THE HON'BLE CONSUMER DISPUTES REDRESSAL Exhibit P9 A TRUE COPY OF THE 2ND COMMISSION REPORT DATED 13/04/2023 Exhibit P10 A TRUE COPY OF THE ORDER DATED 26/11/2022 IN IA NO 397/2022 IN CC NO. 239/2022 OF THE HON'BLE CONSUMER DISPUTES REDRESSAL Exhibit P11 A TRUE COPY OF IA NO 131/2023 IN CC NO

Same Court & Year Kerala · 2023 Same Parties Faisal vs Rakesh Chakrapani Same Judge Honourable Mr. Justice P.V.Kunhikrishnan