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THE PALAKKAD PRIMARY CO-OPERATIVE v. THE DISTRICT CONSUMER DISPUTES - WP(C) No. 34909 of 2005(E)  RD-KL 6928 (2 April 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMWP(C) No. 34909 of 2005(E)
1. THE PALAKKAD PRIMARY CO-OPERATIVE
1. THE DISTRICT CONSUMER DISPUTES
2. M.S. SARAMMA GEORGE,
For Petitioner :SRI.T.K.CHINNAN
For Respondent :SRI.JACOB SEBASTIAN
The Hon'ble MR. Justice KURIAN JOSEPH
O R D E R
KURIAN JOSEPH, J.W.P.(C) Nos.34909/05, 20135, 20141 & 20142 of 2006 Dated 2nd April, 2007.
J U D G M E N T
Though several contentions are taken in these writ petitions, one crucial contention is with regard to the jurisdiction of the District Forum under the provisions of the Consumer Protection Act to go into the complaint filed by the party respondents regarding the alleged deficiency of service of the petitioner Cooperative Bank in the matter of fixation of interest. Learned counsel for the party respondents submits that question of jurisdiction is one to be raised first before the Forum itself and it is for the Forum to enter into a finding in that regard.
2. Having heard the learned counsel on both sides, I am of the view that the Forum has to decide the question of jurisdiction as a preliminary issue. Accordingly, the writ petitions are disposed of directing the District Consumer Disputes Redressal Forum, Palakkad to decide the question of maintainability of the complaints before the Forum as a preliminary issue and only after deciding the maintainability, the cases shall be proceeded with, if required. It is made clear that in WP NO.34909/05 & connected cases 2 that view of the matter, all other contentions raised in the writ petitions are left open.
KURIAN JOSEPH, JUDGE.tgs
KURIAN JOSEPH, JO.P.No. of 2002
J U D G M E N T
Dated 2nd April, 2007.
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