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2001 Supreme(Ker) 459

G.SIVARAJAN
Malabar Palace – Appellant
Versus
The Kerala State Consumer Disputes Redressal Commission – Respondent


Judgment :-

G. Sivarajan, J. The matter arises under the Consumer Protection Act, 1986 (hereinafter referred to as 'the Act'). The question arising for consideration is as to whether the State Commission functioning under the Act has got the power to transfer a case pending before one District Forum to another District Forum within the State.

2. The petitioner herein is the respondent in O. P. No. 612 of 1999 filed by the 3rd respondent herein before the second respondent. Alleging that the President of the second respondent Forum is prejudiced against the petitioner it filed transfer O. P. No. 2 of 2000 before the first respondent praying for transfer of O. P. No. 612 of 1999 pending before the second respondent to any other District Forum in the State of Kerala. The State Commission dismissed the said petition on the ground that the Act does not contain any provision conferring jurisdiction on the State Commission for the transfer of a complaint from one District Forum to another. The petitioner challenges the Order passed by the State Commission. The petitioner has sought for a declaration that the State Commission established under S.9(b) of the Act has the jurisdiction to trans



























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