AJITHA KAILAS, v. K.MANOMOHAN,
Court: High Court of Kerala
Bench: HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
Judgment date:
Case summary
High Court of Kerala judgment dated 2020-03-12. AJITHA KAILAS, v. K.MANOMOHAN,. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE B. SUDHEENDRA KUMAR THURSDAY, THE 12TH DAY OF MARCH 2020 / 22ND PHALGUNA, 1941 OP(C). No. 1345 OF 2019 AGAINST THE ORDER/JUDGMENT IN CC 75/2015 OF KERALA STATE CONSUMER DISPUTE REDRESSALCOMMISSION, THIRUVANANTHAPURAM PETITIONER/S: AJITHA KAILAS, AGED 52 YEARS, W/O. KAILAS, HOUSEWIFE, RESIDING AT TC VIII/1275(16) DNRA-173, DEVI NAGAR, NEELAMANA P. O. , THIRUVANANTHAPURAM, PIN - 695 006. BY ADV. SRI. R. RAGHUNANDANAN RESPONDENT/S: 1 K. MANOMOHAN, AGED 66 YEARS, S/O. DAMODARAN, RETIRED ROM KSEB, 151, KAUSTHUBHAM, GANDHI NAGAR, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695 014. 2 MRS. LATHA K. NAMBOODIRI, DIRECTOR, M/S. KRISTAL INFRASTRUCTURE, NO. 1, 4TH CROSS, 27TH MAIN BTM 2ND STAGE, BANGALORE - 560 076. 3 M/S. KRISTAL GROUP, T. C. 9/1753(4) SRLC 15 SOUPARNIKA, SANKAR LANE, SASTHAMANGALAM, THIRUVANANTHAPURAM, PIN - 695 010. R1 BY ADV. SRI. K. B. PRADEEP R3 BY ADV. SMT. G. R.
MANJU THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 12. 03. 2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C). No. 1345 OF 2019 2 JUDGMENT Aggrieved by Ext. P4 warrant of arrest issued by the Kerala State Consumer Disputes Redressal Commission, this original petition has been filed. 2. Heard. 3. As per judgment in C. C. No. 75 of 2015, the Kerala State Consumer Disputes Redressal Commission directed the respondents therein to refund Rs. 17,99,450/- to the complainant therein, who is the first respondent in this original petition. 4. It is not disputed that the petitioner was not a party in C. C. No. 75 of 2015. Ext. P3 judgment in C. C. No. 75 of 2015 also did not direct the petitioner to pay any amount. It appears from Ext. P4 that the OP(C). No. 1345 OF 2019 3 warrant of arrest was issued alleging that the petitioner failed to refund the amount ordered in C. C. No. 75 of 2015.
Since the petitioner was not a party to the said case and no direction was issued to the petitioner in Ext. P3 judgment, the Kerala State Consumer Disputes Redressal Commission was not justified in issuing Ext. P4 warrant of arrest against the petitioner. Consequently, Ext. P4 cannot be sustained. In the result, this Original Petition stands allowed and Ext. P4 warrant of arrest against the petitioner stands set aside. Sd/- B. SUDHEENDRA KUMAR JUDGE RK/12. 03. 2020 OP(C). No. 1345 OF 2019 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF AGREEMENT DATED 25/9/2010 EXECUTED BETWEEN PARVATHI J. AND KRISTAL INFRASTRUCTURE LIMITED. EXHIBIT P2 TRUE COPY COMPLAINT FILED BY 1ST RESPONDENT BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, THIRUVANANTHAPURAM. EXHIBIT P3 TRUE COPY JUDGMENT DATED 31/10/15 IN C. C. 75/2015 OF THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, THIRUVANANTHAPURAM. EXHIBIT P4 TRUE COPY ARREST WARRANT ISSUED IN E. A. NO. 38/17 IN C. C.
75/2015 BY THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, THIRUVANANTHAPURAM. EXHIBIT P5 TRUE COPY PETITION TO RECALL THE WARRANT FILED BY THE PETITIONER BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, THIRUVANANTHAPURAM. EXHIBIT P6 PHOTOCOPY OF THE ORIGINALS SUIT NO. 81/2019. EXHIBIT P7 PHOTOCOPY OF THE ORDER IN I. A. NO. 1408/2019 C. C. NO. 75/2015 DT. 30. 04. 2019 OF THE CONSUMER DISPUTES REDRESSAL COMMISSION, THIRUVANANTHAPURAM. RESPONDENT'S/S EXHIBITS:NIL
Source: High Court of Kerala. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.