Rashmi M. vs State Of Kerala on 15 October, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 28377 of 2006(C)


1. RASHMI M., ADVOCATE,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. CONSUMER DISPUTES REDRESSAL FORUM,

3. RADHA RAMAKRISHNAN,

4. DR.T.B.CULAS, PROFESSOR AND HEAD OF

5. AMALA INSTITUTE OF MEDICAL SCIENCES,

                For Petitioner  :SRI.SHAJI P.CHALY

                For Respondent  :SRI.K.PADMANABHAN

The Hon'ble MR. Justice KURIAN JOSEPH

 Dated :15/10/2008

 O R D E R
                      KURIAN JOSEPH, J.

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                  W.P(C) No.28377 of 2006
             -----------------------------------------
           Dated this the 15th day of October, 2008

                             JUDGMENT

The challenge is on Ext.P1 notice issued by the second

respondent Forum. It is stated in the show cause notice that the

petitioner who was appointed as Advocate Commissioner did not

discharge her duties and that amounts to disobedience of the

order of the Forum. I do not find any provision enabling the

second respondent Forum to issue such an order for taking

action. Apparently the notice is issued under Section 27 of the

Consumer Protection Act, 1986. I am afraid the second

respondent has not properly understood the purpose and purport

of Section 27. It is meant to take appropriate action against the

person or the opposite party in a complaint or the complainant.

That provision will not clothe with any jurisdiction on the Forum

to proceed against an Advocate Commissioner. The order thus

being patently without jurisdiction, the same is quashed.

The writ petition is allowed as above.

(KURIAN JOSEPH, JUDGE)

ahg.

KURIAN JOSEPH, J.

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W.P(C).No.28377 of 2006

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JUDGMENT

15th October, 2008