S.JAMES VINCENT vs GREATER COCHIN DEVELOPMENT AUTHORITY

THIS is an appeal against the order of 6th February, 1992 passed by the State Commission of Kerala in Complaint No. 34/90.

IT is not necessary to go into the facts of this case keeping in view the grounds on which the State Commission has dismissed the complaint. It would be sufficient to see whether the grounds on which the complaint was dismissed can be successfully assailed or not. As observed by the State Commission in its order: (i) The case was already (on 26th May, 1990) subjudice in the Sub-Court, Ernakulam whereas the complaint was filed before the State Commission only on 31st May, 1990. The fact that the complainant had already filed a suit in the Civil Court was suppressed from the State Commission. (ii) The appellant complainant did not disclose the factum of having filed a suit in his deposition or even during the course of arguments before the State Consumer Forum also. (iii) The State Commission has noted that the counter-affidavit filed by the appellant complainant on 27th September, 1991 was false; he had averred that he had filed a suit in the Sub-Court, Ernakulam (prior to filing the complaint before the State Consumer Forum) by way of abundant caution "in view of the fact that the respondent (before the State Commission, i. e., the Greater Cochin Development Authority) raised the ground of want of jurisdiction of the Hon''ble Commission (State Commission) to entertain the disputes......" when the respondent had filed his counter only after 31st May, 1990, i.e., the date of the complaint.

ALL these facts disclose a gross abuse of the Consumer Protection Act including the filing of a false affidavit. There is no merit in the appeal, the order of the State Commission is upheld and the complaint shall pay a sum of Rs. 2,500/-as costs.