THE KERALA CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

APPEAL NO.275/2013

JUDGMENT DATED: 05.07.2013

PRESENT

JUSTICE  SHRI.P.Q.BARKATH ALI          : PRESIDENT

SHRI.V.V.JOSE                                        : MEMBER

Aleykutty Joseph,

Marippurathu House,

Nedumkandam.P.O                                  APPELLANT

Nedumkandam,

Idukki District

(By Adv.Narayan.R)

         V/s.

1.The Joint RTO,

(Sub Regional Transport Officer)

Vandiperiyar.P.O,

Idukki – 685 533

2.The District Collector,

Idukki,                                        

Painavu.P.O,                                                 RESPONDENTS

Kuyilimala, Idukki – 685 603

3.The Deputy Tahsildar (RR),

Udumbanchola Taluk,

Nedumkandam.P.O

Idukki – 685 553

4.The Village Officer,

Kalkoonthal village,

Nedumkandam.P.O

Idukki – 685 553

(By Adv.M.Nizarudeen,

Addl.Govt Pleader & Public Prosecutor)

JUDGMENT

JUSTICE  SHRI.P.Q.BARKATH ALI : PRESIDENT

                       This appeal has been filed by the complainant in CC.No.78/2013 Consumer Disputes Redressal Forum, Idukki challenging the order of the Forum dated: 30.03.2013 dismissing her complaint.

                        It is seen from the records that the complaint has filed IA.No.28/2013 for restraining respondents from initiating coercive proceedings against the complainant for recovery of the road tax of the vehicles bearing Reg.No.KL-6B-2707 and              KL-6B-2708. In that IA the respondents were restrained from initiating coercive proceedings against complaint and her property for recovery of the road tax of the above mentioned vehicles. The IA was posted for return of notice to 18.04.2013. But the Forum suo motto advanced the case to 30.03.2013 and dismissed the complaint stating that the present dispute will not come under purview of the Consumer Protection Act.

                  The action of the Forum suo motto advancing the case and dismissing the case is clearly illegal. Therefore, the impugned order of the Forum dated: 30.03.2013 is set aside. The Forum is directed to take the complaint on file and hear both parties on the question of maintainability of the case and pass appropriate orders. The respondents have not so far appeared before the Forum. Therefore, they are directed to appear before the Forum on 30.07.2013.

                 In the result, appeal is allowed by way of remand as found above. Both parties are directed to appear before the Lower Forum on 30.07.2013. Sent back LCR immediately.

JUSTICE  P.Q.BARKATH ALI  : PRESIDENT

V.V.JOSE                                 : MEMBER

be