V Raja Mallaiah ( Died ) v. The Honble Telangana State Consumer Disputes

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR AND HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.97 of 2015 ORDER: (Per Hon'ble Sri Justice C.Praveen Kumar) A perusal of the material placed before this Court would show that the third respondent herein filed C.C. No.105 of 2008 on the file of the District Consumer Disputes Redressal Forum, Ranga Reddy, claiming various reliefs. By order dated 31.01.2013, the opposite party No.7 was directed to pay Rs.17 lakhs with interest at 9% p.a. to the complainant from the date of complaint till the date of realization along with costs of Rs.10,000/-. Challenging the same, the aggrieved person preferred F.A.No.146 of 2013 before the Andhra Pradesh State Consumer Disputes Redressal Commission at Hyderabad.

The State Forum allowed the appeal by modifying the order passed by the District Forum directing the respondents 1 to 7 therein to pay an amount of Rs.17 lakhs with interest at 9% p.a. from the date of complaint till payment together with costs of Rs.10,000/-. Challenging the same, the petitioners herein filed W.P. 6626 of 2014. However, the said writ petition was dismissed for default. It is now stated that immediately thereafter, the writ petitioners have filed an application for restoration of the said writ petition. Meanwhile, the complainant herein filed E.A. No.9 of 2014. Questioning the order dated 12.12.2014 i.e., the issuance of N.B.Ws. by the District Forum against the petitioners and respondent No.3 by rejecting the request seeking time to file counter, passed in E.A.No.9 of 2014, the petitioners filed I.A.(SR) No.

5 of 2015 before the Telangana State Consumer Disputes Redressal Commission at Hyderabad. Since the commission is not yet constituted, the present writ petition is filed.

Since the application to restore the Writ Petition is pending and as the Telangana State Consumer Disputes Redressal Commission at Hyderabad is not constituted so far though G.O.Ms. No.9 was issued on 15.10.2014, the request of the petitioners for staying the execution of N.B.Ws. can be accepted. Further, the impugned order shows that the respondents were represented by their counsel, who only sought time to file counter.

In view of the above, N.B.Ws. issued against the petitioners herein in E.A. No.9 of 2014 on the file of the District Consumer Disputes Redressal Forum, Ranga Reddy, on 12.12.2014 are stayed for a period of four weeks. Meanwhile, the

petitioners shall take steps in getting orders, if any, in W.P. No.6626 of 2014, which was dismissed for default.

Subject to the above, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous Petitions pending, if any, in this writ petition shall stand closed.

_______________________________ JUSTICE C. PRAVEEN KUMAR ___________________________________ JUSTICE CHALLA KODANDA RAM Date:07.01.2015 AMD HON'BLE SRI JUSTICE C. PRAVEEN KUMAR AND HON'BLE SRI JUSTICE CHALLA KODANDA RAM

WRIT PETITION No.97 of 2015 DATE:07.01.2015 AMD