Durga Rama Lakshmi v. The District Consumar Fourm

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND THE HON'BLE SRI JUSTICE U.DURGA PRASAD RAO Between:

Durga Rama Lakshmi W/o.Late Venkata Rao, Aged about 50 years, Occ: Household R/o.Aripaka village, Visakhapatnam Visakhapatnam district ...

Petitioner And The District Consumer Forum-I, Visakhapatnam, rep. by its President and another ...

Respondents Counsel for the Petitioner :

Mr.S.Malleswara Rao for Ms.M.S.V.S.Sudha Rani Counsel for the Respondents:

G.P. for Civil Supplies for R1 Smt.V.Dyumani for R2.

The Court made the following:

Order: (Per the Hon'ble Sri Justice C.V.Nagarjuna Reddy) This writ petition is filed mainly aggrieved by order dated 30.09.2015 of respondent No.1 - Forum, in dismissing the application filed for correction of the name of the petitioner in the cause title of C.D.No.401 of 2002 on the ground that it has no jurisdiction to correct the errors by entertaining the application filed for that purpose.

2.

At the hearing, Smt.V.Dyumani, learned Standing Counsel for Kotak Mahindra Bank, in all fairness submitted that but for the mistake occurred in the description of the name of the petitioner in C.D.No.401 of 2002 dated 30.12.2002, the petitioner would have been entitled to receive the amounts lying in fixed deposits in the name of her late husband.

3.

In the light of the undisputed fact that the correct name of the petitioner is Durga Rama Lakshmi and that she is entitled to withdraw the deposit amounts lying with respondent No.2, the impugned order of the 1st respondent dated 30.09.2015 in I.A.No.298 of 2014, is set aside. Respondent No.2 is directed to implement order dated 30.12.2002 in C.D.No.401 of 2002, treating the petitioner as Durga Rama Lakshmi, subject to her complying with all the conditions that are stipulated in the said order. 4.

The writ petition is, accordingly, allowed.

5.

As a sequel, miscellaneous applications if any, stand disposed of as infructuous.

______________________ (C.V.Nagarjuna Reddy, J) _____________________ (U.Durga Prasad Rao, J) Date: 8th June, 2018 msb