IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 OP.No. 7203 of 2002(G) ---------------------- PETITIONER: ------------ MR.BABU VARGHESE, BRANCH MANAGER, SANCHAYANI SAVINGS AND INVESTMENTS (INDIA) LTD., BRANCH OFFICE, ADOOR. BY ADV. SRI.SEBASTIAN DAVIS RESPONDENTS: ------------- 1. OMANAKUTTY AMMA, ASHOKABHAVANAM, POOZHIKKAD, KUDASSANAD P.O., PIN 689 512. 2. SOMARAJAN, KALARIVILAYIL VEEDU, POOZHIKKAD, KUDASSANAD P.O., PIN 689 512. 3. THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA. 4. KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, THIRUVANANTHAPURAM. BY SRI.SUNNY MATHEW THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 18/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP.NO.12754/2002 IN OP.NO.7203/2002-G DISMISSED 18.1.2008. SD/= P..N. RAVINDRAN, JUDGE. APPENDIX PETITIONER's EXHIBITS: EXT.P1 COPY OF THE POLICY DATED 10.2.98 ISSUED BY THE PETITIONER. EXT.P2 COPY OF THE RELEVANT RULES OF THE SCHEME AS ON 1.1.91 OF THE PETITIONER. EXT.P3 COPY OF THE RELEVANT PORTION OF THE MALAYALAM VERSION OF THE SCHEME OF THE PETITIONER. EXT.P4 COPY OF THE PROPOSAL FORM DTD 10.2.98 SUBMITTED BY SRI, KARTHIKEYAN PILLAI. EXT.P5 COPY OF THE ORDER DTD 27.5.2000 PASSED BY THE R3. EXT.P6 COPY OF THE ORDER DTD 3.10.2001 PASSED BY R4. /TRUE COPY/ cl P.N. RAVINDRAN, J. --------------------------------------------------------------- O.P.NO.7203 OF 2002- G -------------------------------------------------------------- Dated this the 18th day of January, 2008. JUDGMENT The learned Government Pleader takes notice for the 4th respondent. Service complete. Heard the learned counsel for the petitioner and the 1st respondent. 2. Ext.P5 order passed by the Consumer Disputes Redressal Forum, Pathanamthitta in Consumer O.P.No.62/2000 filed by the 1st respondent herein and Ext.P6 order passed by the Kerala State Consumer Disputes Redressal Commission dismissing Appeal No.758/2000 filed by the petitioner herein are under challenge in this original petition. As rightly pointed out by the learned counsel for the 1st respondent an appeal lies to the National Commission constituted under the Consumer Protection Act, 1986 against the orders passed by the State Commission. In that view of the matter, I decline jurisdiction and dismiss the original petition without prejudice to the right of the petitioner to file an appeal in terms of Section 21 of the Consumer Protection Act, 1986 before the National Commission. O.P.NO.7203/02 . 2 The original petition is, accordingly dismissed, without prejudice to the petitioner's contentions and reserving liberty with the petitioner to challenge Exts.P5 and P6 in other appropriate proceedings. P.N. RAVINDRAN, JUDGE. cl O.P.NO.7203/02 . 3 P.N. RAVINDRAN, J. O.P.NO.7203 .OF 2002- G JUDGMENT 18th January, 2008.