IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 31531 of 2004(D)
1. PURUSHOTHAMAN PILLAI, KALAPPURACKAL
... Petitioner
Vs
1. THE MANAGER, VIJAYA BANK,
... Respondent
For Petitioner :SRI.K.RAMANATHAN
For Respondent :SRI.WILSON URMESE
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :11/07/2007
O R D E R
KURIAN JOSEPH , J
==================================
W.P.(C) NO. 31531 OF 2004
==================================
Dated this the 11th day of July, 2007.
JUDGMENT
The writ petition is filed with the following prayers:
i) set aside the order dated 03.03.2004 in Appeal No. 771/2001 by
the Kerala State Consumer Disputes Redressal Commission and
to direct the Respondent to pay the Cheque amount of
Rs.25,000/- with appropriate interest from 10.01.2000 till this date
and such other amount as this Hon’ble Court deems fit and proper
as compensation to the petitioner or
2) In the alternative permit the petitioner to seek appropriate civil and
criminal proceedings against the Drawee of the cheque in the
subject matter of Appeal No. 771/2001 before the Kerala State
Consumer Disputes Redressal Commission (O.P. No. a 151/2000
before the District Consumer Disputes Redressal Forum
Alappuzha) and the Respondent herein, in spite of the bar of
limitation occurred for the same due to the pendancy of O.P. No. a
151/2000 before the District Consumer Disputes Redressal Forum
Alappuzha and Appeal No. 771/2001 before the Kerala State
Consumer Disputes Redressal Commission.
As far as the first prayer is concerned, it is for the petitioner to
pursue the matter before the National Commission and as far as the
second prayer is concerned, the drawee of the cheque is not on the party
array and hence the matter cannot be considered. Therefore, without
prejudice to the liberty to the petitioner to pursue the matter in appropriate
proceedings with all the affected parties on the party array, this writ petition
is dismissed.
KURIAN JOSEPH, JUDGE.
rv