KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
VAZHUTHACAUD, THIRUVANANTHAPURAM
APPEAL NO. 474/2018
JUDGMENT DATED:10.08.2018
(Against order in C.C. 365/2015 of CDRF, Thiruvananthapuram)
PRESENT :
HON’BLE JUSTICE S.S. SATHEESACHANDRAN : PRESIDENT
SRI. T.S.P MOOSATH : JUDICIAL MEMBER
APPELLANT:
Credence Hospital (P) Ltd., having its registered office at Ulloor, Medical College, Thiruvananthapuram represented by its Director and Authorized Signatory, K.J. John
(By Adv. T.K. Ananda Padmanabhan)
Vs.
RESPONDENTS :
- Green Tech Water Treatment (P) Ltd., having its registered office at Greens, T.C 36/598, Sasthamkulam Lane, Perunthanni, Thiruvananthapuram-695 008.
- Sreejith, Director, Green Tech Water Treatment (P) Ltd., Green Chambers, Cheruparambath Road, Kadavanthra, Kochi-686 020 presently working at Vellanikunnel Buildings, St. James Road, Vyttila, Kochi.
- Raj Kumar, Director, Green Tech Water Treatment (P) Ltd., Greens, T.C 36/598, Sasthamkulam Lane, Perunthanni, Thiruvananthapuram-695 008.
JUDGMENT
HON’BLE JUSTICE S.S. SATHEESACHANDRAN : PRESIDENT
Complainant in C.C No. 365/15 on the file of Consumer Disputes Redressal Forum, Thiruvananthapuram has filed this appeal challenging the order of the Forum dismissing the complaint holding that it is not maintainable.
2. Admittedly complainant had instituted a civil suit as OS No. 126 of 2015 before the Sub Court Trivandrum claiming damages from the opposite parties alleging violation of statutory rules by them. They approached the consumer forum claiming compensation alleging deficiency in service against the opposite parties. Complainant canvassed for prosecution of the consumer complaint stating that Sec. 3 of the Consumer Protection Act provides for filing a complaint in addition to remedies otherwise provided under law before any other forum. The question simply is whether the complainant could have simultaneously prosecuted the claim before the civil court as well as before the consumer forum, and, the lower forum rightly and correctly held that since it had claimed damages against the opposite parties the consumer complaint before the consumer forum is not maintainable, and, thereupon, the complaint was dismissed. We do not find any infirmity or illegality in the order passed by the Forum below, and appeal is dismissed as not admitted.
JUSTICE S.S. SATHEESACHANDRAN : PRESIDENT
T.S.P MOOSATH : JUDICIAL MEMBER
