UNION OF INDIA Vs. JOSE

JUDGEMENT

(1.) A common question was raised in these two writ petitions. Once a writ petition is admitted by this Court and thereafter when the writ petition came up for final hearing after a long period, whether the writ court can decide the question of maintainability of the writ petition itself on the ground that there is an alternative remedy is the question raised in these two writ petitions. Since a common question was raised in both cases, I am disposing of these two writ petitions by a common judgment.

(2.) The impugned orders in these two writ petitions are the orders passed by the Consumer Dispute Redressal Forum. This Court in Controller of Examinations and anr. v. Sreya N. [2021 (5) KERLT 560] held that the writ court need not entertain the writ petition challenging orders passed by the consumer forums because the Consumer Protection Act is a complete code in which there is a hierarchy of forums mentioned to challenge the orders passed by the Consumer Dispute Redressal Forums. It will be better to extract paragraph No.5 of the judgment in the Controller of Examinations' case (supra)

(3.) In W.P.(C) No.36086/2015, the impugned order is Ext.P9, which is an order passed by the Consumer Dispute Redressal Forum, Wayanad, Kalpetta (for short 'District Forum'). The above writ petition was admitted by this Court on27/11/2015 and this court was pleased to stay all further proceedings to enforce Ext.P9 order for six weeks. Subsequently, the interim order was extended regularly, and subsequently, it was extended until further orders on 30/5/2016. W.P.(C) No.3801/2014 is filed against Ext.P2 interim order passed by the Consumer Dispute Redressal Forum, Idukki on 20/12/2013 in IA No.143/2013 in CC No.409/2013. When that writ petition was filed, the Registry of this Court noted a defect about the maintainability, and the writ petition was placed before the court. This Court as per order dtd. 5/2/2014 directed the Registry to number the writ petition leaving open the issue regarding the maintainability to be decided if raised by the respondents. Thereafter, the writ petition came up for admission on 5/2/2014 and the writ petition was admitted and all further proceedings in CC No.409/2013 on the file of the Consumer Dispute Redressal Forum, Idukki stayed. These two writ petitions came up for final hearing now.