LAWS(KER)-2021-9-44

CONTROLLER OF EXAMINATIONS Vs. SREYA

Decided On September 03, 2021
CONTROLLER OF EXAMINATIONS Appellant
V/S
Sreya Respondents

JUDGEMENT

(1.) The petitioners in this writ petition are the Controller of Examinations, Kannur University, and the Kannur University, represented by its Registrar. This writ petition is filed challenging Ext.P5 order passed by the District Consumer Disputes Redressal Commission, Kannur (for short "CDRC"). The main contention of the petitioners is that the CDRC has no jurisdiction to entertain Ext.P1 application and the petitioners raised a maintainability issue of Ext.P1 before the commission, but as per Ext.P5, the CDRC rejected the contention of the petitioners and found that the complaint is maintainable. Challenging Ext.P5, this writ petition is filed.

(2.) Heard the learned Standing Counsel for the petitioners.

(3.) When this writ petition came up for consideration, this Court requested the counsel to argue about the maintainability of the writ petition against Ext.P5 order, when there is a statutory remedy to the petitioners by way of filing an appeal against it before the State Commission, as per the Consumer Protection Act, 2019 (for short Act 2019). The counsel for the petitioners conceded that the petitioners can challenge Ext.P5 before the State Commission by filing an appeal. But, the counsel submitted that the CDRC entertained Ext.P1 complaint, without jurisdiction. The Standing Counsel relied the judgment of the Apex Court in Whirpool Corporation v. Registrar of Trade Marks, Mumbai and others [1998 KHC 1225] and also a judgment of this Court in Principal, St.Joseph College of Communication v. Consumer Disputes Redressal Forum and others [2010 KHC 6214]. The counsel also submitted that the decision relied in Ext.P5 order [CPJ 2016 (III) NC 280] is already reversed by the National Consumer Disputes Redressal Commission (NCDRC). That decision is also produced [CDJ 2020 (Cons.) Case No.036]. The counsel submitted that the order passed by the CDRC is unsustainable and the complaint itself is not maintainable before the CDRC.