IN THE HIGH COURT OF KERALA AT ERNAKULAM WA.No. 579 of 2009() 1. M/S. EMINENT SEA FOODS PVT.LTD., ... Petitioner Vs 1. THE KERALA STATE INDUSTRIES DEVELOPMENT ... Respondent 2. THE KERALA STATE FINANCIAL CORPORATION, 3. THE KERALA STATE CONSUMER DISPUTES For Petitioner :SRI.V.VENUGOPALAN NAIR For Respondent :SRI.M.M.SAYED MUHAMMED, SC, KFC The Hon'ble MR. Justice KURIAN JOSEPH The Hon'ble MR. Justice S.S.SATHEESACHANDRAN Dated :13/03/2009 O R D E R KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ. ---------------------------------------------- W.A. No.579 of 2009 ---------------------------------------------- Dated 13th March, 2009. J U D G M E N T
Kurian Joseph, J.
Appellant is the petitioner in the writ petition. The
challenge was on Ext.P1 judgment (sic-order) passed by the
Kerala State Consumer Disputes Redressal Commission, whereby
the complaint filed by the petitioner was dismissed on the ground
that the petitioner/complainant was not a consumer coming
under the purview of of the Consumer Protection Act and that
even assuming so, the complaint was barred by limitation.
Another ground taken in the writ petition is that a single member
of the State Commission is not competent to take decisions and
pass orders under the provisions of the Consumer Protection Act,
1986. There are other contentions as well, on merits.
2. The learned Single Judge held that under Section
16(1B)(ii) of the Consumer Protection Act, a single member is also
competent, if duly authorised by the President. Other
contentions on merit are also urged. Be that as it may, we do not
think that this court, at this stage should go into all those
questions, since under Section 19 of the Act, the petitioner has an
WA NO.579/09 2
effective remedy before the National Commission. Therefore, we
make it clear that the judgment under appeal will not stand in the
way of the appellant pursuing its remedy before the National
Commission, on all available grounds. We also make it clear that
in the event of the petitioner thus approaching the National
Commission, the time taken by the petitioner for prosecuting the
writ petition and the writ appeal will be taken into consideration
while computing the period of limitation.
KURIAN JOSEPH, JUDGE.
S.S.SATHEESACHANDRAN, JUDGE.
tgs
KURIAN JOSEPH &
S.S.SATHEESACHANDRAN, JJ
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W.A. No.579 of 2009
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J U D G M E N T
Dated 13th March, 2009.