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2022 Supreme(Ker) 142

P.V.KUNHIKRISHNAN
Union Bank of India, Thodupuzha Branch – Appellant
Versus
K. J. Jose – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri.A.S.P. Kurup, SC, Sri.Sadchith.P.Kurup
For the Respondent: Smt.Vidya Kuriakose, GP, Sri.Rahul Surendran

JUDGMENT :

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) KLT 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)

    “5. Even though the Apex Court observed that in certain contingencies, this Court can entertain a w

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