C.K.Sreejith vs Anil Kumar.C.K on 19 August, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 18804 of 2009(U)



1. C.K.SREEJITH
                      ...  Petitioner

                        Vs

1. ANIL KUMAR.C.K.
                       ...       Respondent

                For Petitioner  :SRI.P.U.SHAILAJAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI

 Dated :19/08/2009

 O R D E R
                          V.GIRI, J
                       .......................
                     W.P.(C).18804/2009
                       .......................
           Dated this the 19th day of August, 2009

                        JUDGMENT

In spite of service of notice on the 1st respondent,

there is no representation for him. I heard learned counsel

for the petitioner and I have perused the averments made

in the writ petition.

2. Petitioner is the 1st respondent in C.C.No.182/2008

on the files of the Consumer Disputes Redressal Forum.

Kannur. Petitioner is practising as an advocate in the High

Court. 1st respondent has filed a complaint before the 2nd

respondent alleging inadequate service by the petitioner.

Petitioner has appeared before the Consumer Forum

resisting the complaint. He sought for transfer of the said

complaint from the Consumer Disputes Redressal Forum,

Kannur to Ernakulam or Thiruvananthapuram District

Forum. This writ petition has been filed seeking the

following reliefs:-

(i).Issue writ of mandamus or such other

W.P.(C).18804/09
2

writ or direction directing the 2nd

respondent to transfer the C.C.No.182/08

to Ernakulam Forum or Trivandrum

Forum or any other District Forum that

this Honourable Court may deem fit to

grant in the facts and circumstances of

the case.

(ii).Issue writ of mandamus or such other

writ or direction directing the 2nd

respondent to frame issue on the

maintainability of the complaint before

trying the complaint.

(iii).Issue writ of certiorari quashing

Ext.P1 complaint.

3. Writ petition is disposed of directing the 2nd

respondent to transfer C.C.No.182/2008 to the Ernakulam

Consumer Disputes Redressal Forum. This shall be done

within one month from the date of receipt of a copy of this

judgment. CDRF, Ernakulam, on receipt of records,

shall issue fresh notice to the 1st respondent and further

proceed with the complaint in accordance with law.

V.GIRI,
Judge

mrcs