CHACKO Vs. STATE OF KERALA

JUDGEMENT

(1.) THESE original petitions have been filed under Articles 226 and 227 of the Constitution of India to quash the proceedings taken for execution of its orders by the Consumer Disputes Redressal Forum, Ernakulam, setting forth a case that such Forum is not competent to entertain complaint over, and proceed with, execution of its orders exercising the powers of a First Class Magistrate.

(2.) PETITIONER , who is common in all the above petitions, had raised identical challenge as aforesaid to question the competency of the Consumer Disputes Redressal Forum, for short, the 'Forum' to enforce its orders as a First Class Magistrate. Some of the facts involved deserve to be taken note of before analysing the challenge posed for consideration.

(3.) THE facts are not in dispute, and the question emerging for consideration is strictly a pure question of law relating the interpretation to be placed over the 'conferment of powers' to the Forum to execute its orders exercising the powers of a Judicial First Class Magistrate. That being so, a detailed reference to the particulars of each case or of the exhibits produced in the cases is not called for. Still, to appreciate the question of law emerging for consideration, facts involved in each case, in a nutshell, can be stated thus:- (i). In O.P.(Crl.).No.659 of 2012, petitioner is challenging the execution proceedings arising from Ext.P4 order produced in the above original petition, passed by the Forum in a complaint numbered as C.C.No.45 of 2011 filed by the 2nd respondent. The Forum vide Ext.P4 order has directed the opposite parties in Ext.P1 complaint (Financial concern and the petitioner, its Managing partner) to refund a sum of Rs.4,20,000/- collected from the complainant/2nd respondent with interest at 12% per annum and with a compensation of Rs.1,000/-. Ext.P6 petition was filed by the complainant before the Forum complaining of the failure of the opposite parties in the proceedings to comply with Ext.P4 order. (ii). O.P.(Crl.).No.664 of 2012 relates to a complaint numbered as C.C.No.46 of 2011 filed by the 2nd respondent in that original petition before the Forum, in which, Ext.P4 order was passed directing the opposite parties in that complaint to pay a sum of Rs.3,64,000/- collected from the complainant with interest at 12% per annum with compensation of Rs.1,000/-. Ext.P6 petition was filed by the complainant over the non-compliance of Ext.P4 order and the proceedings taken thereof are pending. (iii). O.P.(Crl.).No.1374 of 2012 relates to C.C.No.118 of 2011, the complaint filed by the 2nd respondent in the above original petition, in which, Ext.P3 order was passed directing the opposite parties to pay a sum of Rs.25,000/- with 9% interest per annum to the complainant within a period of thirty days with further direction that in default of payment within such period, the amount awarded shall carry interest at 12% per annum from the date of such default. Ext.P5 petition was filed by the complainant/2nd respondent before the Forum on the failure of the opposite parties to comply with its order and the proceedings taken thereof are pending. (iv). O.P.(Crl.). No.1383 of 2012 relates to a complaint numbered as C.C.No.152 of 2011 filed by the complainant/2nd respondent, in which, the Forum has passed Ext.P2 order directing the opposite parties to pay a sum of Rs.1,38,750/- with 9% interest per annum within a period of thirty days with further direction that failing such payment, the amount awarded shall carry 12% interest per annum from the date of default. Ext.P4 petition was filed by the complainant/2nd respondent complaining of the non-payment of the amount ordered before the Forum and the proceedings taken thereof are pending. (v). O.P.(Crl.).No.1384 of 2012 relates to the compliant numbered as C.C.No.139 of 2011, in which, Ext.P2 order was passed by the Forum directing the opposite parties to pay a sum of Rs.20,000/- with 9% interest per annum to the complainant with further direction how the payment is to be effected and also liable to pay higher rate of interest if there was default in payment within the time fixed. Ext.P4 petition was filed by the complainant reporting the non-compliance of the order and proceedings taken by the Forum thereof are pending.