STATE CONSUMER DISPUTES REDRESSAL COMMISSION KERALA REVISION PETITION NO. SC/32/RP/65/2023 null JAYAPRAKASINI K PRESENT ADDRESS - DREAMS HOUSE CHUZHALI ROAD KALPETTA POST WAYANAD

673121 ,KERALA.

.......Petitioner(s)

Versus MUSTAFA K M PRESENT ADDRESS - THENJIPALAM KOZHIKODE POST 673006 ,KERALA.

.......Respondent(s)

BEFORE:

HON'BLE MR. JUSTICE SRI.B.SUDHEENDRA KUMAR , PRESIDENT FOR THE PETITIONER:

NEMO FOR THE RESPONDENT:

NEMO DATED: 22/05/2025

ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM REVISION PETTITION No. 65/2023 ORDER DATED: 22.05.2025 (Against the order in I.A.No.247/2023 in C.C.No.217/2022 on the files of DCDRC, Wayanad)

PRESENT:

HON’BLE JUSTICE SRI. B. SUDHEENDRA : PRESIDENT KUMAR SRI. AJITH KUMAR D. : JUDICIAL MEMBER REVISION PETITIONER/COMPLAINANT:

Jayaprakasini K., D/o Kumaran, Dreams House, Chuzhali Road, Kalpetta Post, Wayanad – 673 121 (by Adv. Unnikrishnan V.)

Vs.

RESPONDENT/OPPOSITE PARTY:

Musthafa K.M., Advocate, Eranjipalam, Kozhikode Post, Kozhikode –

673 006

O R D E R

HON’BLE JUSTICE SRI. B.SUDHEENDRAKUMAR :PRESIDENT The revision petitioner is the complainant in C.C.No.217/2022 on the files of the District Consumer Disputes Redressal Commission, Wayanad (the ‘District Commission’, for short).

2. The complainant filed a complaint before the District Commission against the opposite party alleging deficiency in service in connection with the professional service rendered by the opposite party as an Advocate.

3. The opposite party entered appearance before the District Commission and filed I.A.No.247/2023 praying for hearing the maintainability of the complaint as a preliminary issue. The District Commission as per order dated 15.07.2023 allowed I.A.No.247/2023 and dismissed the complaint as not maintainable, against which this revision petition has been filed.

4. Heard.

5. It appears from the records that the complaint was filed against the opposite party alleging deficiency in service in connection with the service rendered by the opposite party as a lawyer. The Hon’ble Apex Court in Bar of Indian Lawyers vs. D. K. Gandhi PS National Institute of Communicable Diseases (2024 KHC 6283 : 2024 INSC 410 : AIR 2024 SC 2659) held that no consumer dispute would arise with respect to the service rendered by an advocate. In view of the above settled position, the present complaint is not maintainable.

6. Having gone through the relevant inputs, we are satisfied that since the dispute involved in this case arose out of the service rendered by the opposite party in the professional capacity as a lawyer, the consumer complaint is not maintainable.

7. The District Commission dismissed the complaint as not maintainable not for the reasons stated in this order. However, since the complaint is not maintainable in view of the reasons stated in this order, the order passed by the District Commission dismissing the complaint does not warrant any interference by this Commission.

In the result, this revision petition stands dismissed.

JUSTICE B. SUDHEENDRA : PRESIDENT KUMAR AJITH KUMAR D. : JUDICIAL MEMBER SL ..................

SRI.B.SUDHEENDRA KUMAR PRESIDENT