High CourtsSingle Bench(2022) 12 KL CK 0099

Kinder Multispecialty Hospital And Kinder Womans And Childrens Hospital vs Seena Antony

High Court Of Kerala · Decided on 8 December 2022

HON’BLE JUDGES
C.S Dias, J
RESULT
Dismissed
CASE NUMBER
Original Petition (C) No. 2502 Of 2022

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Judgment

6 paragraphs · 187 words

C.S Dias, J.

1.

The original petition is filed challenging Ext P7 A Diary proceeding in C.C No.43/2021 of the Consumer Disputes Redressal Commission, Kottayam.

2.

The Registry has noted a defect as to the maintainability of the original petition in view of the alternative remedy provided under the Consumer Protection Act, 2019.

3.

The Honourable Supreme Court in Om Prakash Saini vs. D.C.M Ltd and others [ (2010) 11 SCC 622] has empathetically held that in light of the alternative remedy available to an aggrieved person under the Consumer Protection Act, the High Court shall not invoke its jurisdiction under Article 227 of the Constitution of India and interfere with the proceedings initiated under the said Act, since it is a self contained enactment.

4.

In view of the alternative and efficacious statutory remedy available under the Consumer Protection Act 2019, I am not inclined to exercise the supervisory powers of this Court under Article 227 of the Constitution of India, as this is not a case of exceptional rarity.

In the result, the objection of the registry is sustained and the original petition is dismissed.