IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 WP(C).No. 24225 of 2008(H) ----------------------------------- PETITIONER: ------------------- 1. HDFC CHUBB GENERAL INSURANCE CO. LTD., 5TH FLOOR, EXPRESS TOWERS, NARIMAN POINT, MUMBAI -21. 2. HDFC CHUBB GENERAL INSURANCE CO. LTD., SURYA LINKS, 2ND FLOOR, ATHULYA BUILDING, CHUNNAMPUTHARA, PALAKKAD. (PETITIONERS 1 & 2 REPRESENTED BY ITS AUTHORISED SIGNATORY, HDFC GENERAL INSURANCE CO. LTD, 4TH FLOOR, KG OXFORD BUSINESS CENTRE, SREEKANDATH ROAD, RAVIPURAM, KOCHI - 16) BY ADV. SRI.P.V.GEORGE(PUTHIYIDAM) RESPONDENTS: ----------------------- 1. DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CIVIL STATION, PALAKKAD 678 001. 2. THE DISTRICT SUPERINTENDENT OF POLICE, DISTRICT POLICE OFFICE, PALAKKAD DISTRICT. 3. SETHUMADHAVAN, S/O GOVINDAN, CHANGUHODI HOUSE, SREEKRISHNAPURAM, PALAKKAD. 4. THE PROPRIETOR CAR CRAFT, CAR AUTHORISED SERVICE STATION, 5/682,CD MANALI ROAD, PALAKKAD. BY GOVERNMENT PLEADER, SRI. I.V. PREMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J ================== W.P(C)No.24225 of 2008 ================== Dated this the 13th day of August, 2008. J U D G M E N T The petitioner filed this writ petition with a grievance that Ext.P3 review petition filed by the petitioner against Ext.P2 order passed by the District Consumer Disputes Redressal Forum, Palakkad is not being considered by the CDRF. I wanted the petitioner to advance arguments on the question as to how the review petition maintainable under the Consumer Protection Act. In such circumstances, the petitioner would now seek some time to file an appeal against Ext.P2 order before the State Commission. But the petitioner apprehends that in the meantime the petitioner may be arrested in execution of Ext.P2 order. 2. I have heard the learned Counsel for the petitioner. 3. I feel that, in the facts and circumstances of the case, the petitioner should be given some time to approach the Consumer Disputes Redressal State Commission to file W.P(C)No.24225 of 2008 - 2 - appeal and obtain orders in the matter. Accordingly, I dispose of this writ petition with a direction to the 1st respondent to keep in abeyance further proceedings for execution of Ext.P2 order for a period of two weeks, so that the petitioner can move the state Commission and seek orders. S.SIRI JAGAN, JUDGE rhs