IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 WP(C).No. 28377 of 2006(C) -------------------------------------- PETITIONER: ------------------- RASHMI M., ADVOCATE, W/O.ADV.K.SURAJ, AGED 29 YEARS, RESIDING AT KIZHUVEETIL HOUSE, POTTORE P.O., THRISSUR. BY ADV. SRI.SHAJI P.CHALY RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY THE LAW SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. CONSUMER DISPUTES REDRESSAL FORUM, THRISSUR. 3. RADHA RAMAKRISHNAN, W/O.RAMAKRISHNAN, NELLIPARAMBIL HOUSE, AISWARYA, I/54A, 6TH CROSS, UDAYA NAGAR, AYYANTHOLE VILLAGE, THRISSUR. 4. DR.T.B.CULAS, PROFESSOR AND HEAD OF SURGERY, AMALA INSTITUTE OF MEDICAL SCIENCES, AMALA NAGAR, THRISSUR. 5. AMALA INSTITUTE OF MEDICAL SCIENCES, AMALA NAGAR, THRISSUR, REP. BY MANAGING DIRECTOR FR.PIOUS. ADV. SRI.K.PADMANABHAN FOR R4 BY GOVERNMENT PLEADER SRI.NOBLE MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.28377/2006 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT TO THE PETITIONER DT. 26.9.06. P2:- COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER INFORMING HER THAT SHE IS APPOINTED AS THE ADVOCATE COMMISSIONER. P3:- COPY OF THE NOTICE ISUED BY THE PETITIONER TO BOTH THE PARTIES OF THE CASE FIXING THE COMMISSION INSPECTION ON 22.8.06 AT. 4.OO PM. P4:- COPY OF THE NOTICE MEMO ISSUED BY THE PETITIONER TO THE STAFF OF THE HOSPITAL. P5:- COPY OF THE NOTICE MEMO ISSUED BY THE DIRECTOR OF THE HOSPITAL. P6:- COPY OF THE COMMISSION REPORT FILED BY THE PETITIONER. P7:- COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT. P8:- COPY OF THE NOTICE ISSUED BY THE PETITIONER TO BOTH THE PARTIES SHOWING THAT THE INSPECTION IS FIXED ON 2.9.06. P9:- COPY OF THE MAHAZAR. P10:- COPY OF THE COMMISSION REPORT FILED BY THE PETITIONER. /TRUE COPY/ P.S. TO JUDGE tss KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.28377 of 2006 ----------------------------------------- Dated this the 15th day of October, 2008 JUDGMENT The challenge is on Ext.P1 notice issued by the second respondent Forum. It is stated in the show cause notice that the petitioner who was appointed as Advocate Commissioner did not discharge her duties and that amounts to disobedience of the order of the Forum. I do not find any provision enabling the second respondent Forum to issue such an order for taking action. Apparently the notice is issued under Section 27 of the Consumer Protection Act, 1986. I am afraid the second respondent has not properly understood the purpose and purport of Section 27. It is meant to take appropriate action against the person or the opposite party in a complaint or the complainant. That provision will not clothe with any jurisdiction on the Forum to proceed against an Advocate Commissioner. The order thus being patently without jurisdiction, the same is quashed. The writ petition is allowed as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.28377 of 2006 ----------------------------------- JUDGMENT 15th October, 2008