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2025 Supreme(Online)(Ker) 21152

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SURESH NATHAN – Appellant
Versus
THE STATE CONSUMER DISPUTE REDRESSAL COMMISSION – Respondent


Dated this the 11th day of February, 2025 JUDGMENT

The petitioner had filed C.C. No.102/2019 (Ext.P1 complaint) and C.C.No.103/2019 before the Kerala State Consumer Disputes Redressal Commission (‘Commission’, for brevity) on 5.8.2019, against the respondents 2 to 6. Respondents 2 to 6 had entered appearance in the two complaints and filed their versions. The complaints were posted together on 8.4.2020. On the said day, the complaints were adjourned to 04.06.2024. On 04.06.2024, the Commission adjourned Ext.P1 complaint to 17.10.2024. However, on the said posting date, by Ext.P3 order, the complaint was dismissed for non- prosecution. Immediately, the petitioner filed Ext.P4 application under Section 50 of the Consumer Protection Act, 2019 (‘Act’, for short) to review Ext.P3 order. But, by Ext.P5 order, the Commission dismissed Ext.P4 review petition. Exts.P3 and P5 are illegal and erroneous. Hence, the writ petition.

2. Heard; the learned counsel for the petitioner and the learned counsel appearing for the respondents 2 to 6.

3. When the writ petition came up for consideration on 20.1.2025, this Court had called for the proceedings sheet of Ext.P1 complaint from the Commission, whi

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