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1991 Supreme(Ker) 252

PADMANABHAN
Padmanabhan – Appellant
Versus
Consumer D. R. Forum – Respondent


Judgment :-

Petitioner is the sole respondent in Ext. P2 complaint filed by the 2nd respondent before the first respondent (Consumer Dispute Redressal Forum. Ernakulam). Ext. P3 is the notice issued by the first respondent to the petitioner under S.13 after receiving Ext. P2 complaint. This original petition was filed under Art.226 of the Constitution requesting that an appropriate writ may be issued to the first respondent quashing Exts. P2 and P3 on the ground that it has no jurisdiction to entertain Ext. P2 and issue Ext.P3. Second respondent entered appearance and filed objection.

2. The question now to be considered is whether the original petition is maintainable or not. For deciding that question 1 am not going into the controversy whether the allegations in Ext. P2 will constitute a consumer dispute entitling the first respondent to exercise jurisdiction. If the petitioner has a case. as alleged in this O.P.. that the first respondent is not having jurisdiction. he could have raised that objection. before the first respondent itself on receiving Ext. P3. First respondent would be bound to decide that question by considering its own jurisdiction before proceeding further. If



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