IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 7TH DECEMBER 2006 / 16TH AGRAHAYANA 1928 WP(C).No. 32538 of 2006(W) -------------------------- PETITIONER: ------------ 1. M/S.COCHIN BEARING CENTRE, JUDGES AVENUE, KALOOR, COCHIN-17, REPRESENTED BY ITS MANAGING PARTNER, P.M.MOHAMMED SALIM. 2. P.M.MOHAMMED SALIM, MANAGING PARTNER, M/S.COCHIN BEARING CENTRE, JUDGES AVENUE, KALOOR, COCHIN-17, NOW RESIDING AT ASWATHY APARTMENT, FLAT NO.B1, PALARIVATTOM, COCHIN-25. 3. P.M.MOHAMMED SANIL, S/O.P.M.MOHAMMED SALIM, ASWATHY APARTMENT, FLAT NO.B1, PALARIVATTOM, COCHIN-25. BY ADV. SRI.K.A.JALEEL SRI.N.K.POULOSEKUTTY RESPONDENTS: ------------- 1. CONSUMER DISPUTES REDRESSAL FORUM, 1/593-A, AYYANTHOLE, THRISSUR-680 003. 2. ABDUL SALAM, AGED 57 YEARS, S/O.MOIDU HAJI, KADAMBOTT HOUSE, EDAVILANG, KARA, KODUNGALLUR. R1 BY G.P. SRI.I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/12/2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR,J. -------------------------------------------- W.P.C.NO. 32538 OF 2006 -------------------------------------------- Dated this the 7th day of December, 2006 JUDGMENT W.P. is filed to quash the complaint filed by second respondent before the Consumer Disputes Redressal Forum, Trichur on the ground that the complaint is not maintainable. I do not think there is any need for this Court to consider the issue because if counter petitioners take a stand that complaint is not maintainable before the CDRF, the CDRF will consider the said question as a preliminary issue and only if complaint is found maintainable, complainant should be allowed to adduce evidence in the matter and pursue the complaint. In the circumstances, W.P. is disposed of directing the petitioners to raise preliminary objection against maintainability of complaint before the first respondent and if the petitioners raise preliminary objection, there will be direction to the first respondent to hear the petitioners and second respondent and decide the said issue first and proceed only if complaint is maintainable. (C.N.RAMACHANDRAN NAIR) Judge 2