JUDGMENT

The above writ petition is filed with following prayers :

“(i) ”Issue a writ of mandamus or any other writ order or direction commanding the respondent No.1 to pass orders appointing an Advocate Commissioner with the assistance of a qualified Surveyor to inspect the vehicle bearing Registration

No.KL-40-N-4000 which is now kept in the service station of the 3 rd respondent and to submit a report as to its present condition before the Consumer Disputes Redressal Forum, Ernakulam in CC No.56/2019, as expeditiously as possible.

(ii) Issue a writ of mandamus or any other writ order or direction commanding the respondent Nos. 5 and 6 to make appointment of the members of the Consumer Disputes R edressal Forum, Ernakulam in C.C.No. 56 of 2019, as expeditiously as possible.

(iii) Declare that the stipulation under Sec.14(2) of the Consumer Protection Act, 1986 is only with regard to the final orders to be passed under Sec.14(1) of the Act and is not applicable to the powers under Sec.13 of the Act. (iv) Issue such other appropriate writ, order or direction which this Hon'ble Court may deem fit in the circumstance of the case; and (v) Award costs of these proceedings to the petitioner.”

2. When this writ petition came up for consideration on

20.3.2019, this Court passed the following order.

“Learned Government Pleader takes notice for the respondents 5 and 6.

2. Notice to the 1st respondent is dispensed with for the time being.

3. Issue notice by speed post to the respondents 2 to 4, returnable in three weeks. Post after service is complete.

4. The subject matter of this writ petition is relating to

Ext.P1 complaint pending before Consumer Forum, Ernakulam, wherein, due to the non availability of the members, the President of the Forum, the President of the Forum is unable to function. Thereupon, now there is no Forum for the petitioner to ventilate the grievances, especially, it is submitted that an urgent Commission is to be taken out in order to conduct an inspection of the Vehicle No. KL-04CN-4000 belonging to the petitioner, which is said to be ready for delivery after carrying out the repairs.

In that view of the matter, there will be a direction to the 1st respondent, ie, the President of the Forum to appoint an Advocate Commissioner regularly appearing before the Forum, to inspect the vehicle in question, if required, with the assistance of a technical expert and submit a report before the Forum, at the earliest and at any rate, within a week from the date of receipt of this order. Petitioner as well as the respondents 2 to 4 will be at liberty to submit suitable work memo before the Advocate Commissioner and the technical expert appointed.”

3. In the light of the above order, no further order is necessary. The petitioner and the contesting respondents are free to agitate their case before the appropriate forum, in accordance to law.

Therefore, this writ petition is closed.

SD/- P.V.KUNHIKRISHNAN JUDGE

SKS

APPENDIX OF WP(C) 6499/2019 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE COMPLAINT IN CC NO 56 OF 2019 ON THE FILE OF THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM EXHIBIT P2 TRUE COPY OF THE E-MAIL COMMUNICATION DATED 21.1.2019 FROM THE 3RD RESPONDENT TO THE E-MAIL ID OF THE HUSBAND OF THE PETITIONER