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Madras High CourtWP(MD)/7666/2018dismissed

C.Chinnachamy v. The Branch Manager,

2018-04-10Honourable Mr Justice M.Duraiswamy,Honourable Dr Justice Anita Sumanth3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P(MD)No.7666 of 2018 and W.M.P(MD)No.7280 of 2018 C.Chinnachamy ... Petitioner Vs.

1.The Branch Manager, Vilangudi Branch, Madurai - 625 018.

2.The General Manager (Network Nodal Officer-1), Local Head Office, Circle Top House, 16, College Lane, Chennai - 600 006.

3.The General Manager (Network Nodal Officer-2), Local Head Office, Circle Top House, 16, College Lane, Chennai - 600 006.

4.The Assistant General Manager (Customer Service), Local Head Office, Circle Top House, 16, College Lane, Chennai - 600 006.

5.The Deputy General Manager, Customer Service Department, 16th Floor, Corporate Centre, Mumbai - 400 021.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order, dated 02.02.2018 passed in F.A.No.144 of 2015 by the Circuit Bench of Tamil Nadu State Consumer Dispute Redressal Commission, Madurai, confirming the order passed

in C.C.No.14 of 2015, dated 16.11.2015 on the file of the learned District Consumer Dispute Redressal Forum, Dindigul and quash the same as illegal.

For Petitioner : Mr.T.Indrachithu

ORDER

(Order of the Court was made by M.DURAISWAMY,J.) The petitioner has filed the above writ petition to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order, dated 02.02.2018 passed in F.A.No.144 of 2015 on the file of the Circuit Bench of the Tamil Nadu State Consumer Dispute Redressal Commission, Madurai, confirming the order passed in C.C.No.14 of 2015, dated 16.11.2015 on the file of the learned District Consumer Dispute Redressal Forum, Dindigul and to quash the same.

2.The learned counsel appearing for the petitioner submitted that the petitioner has inadvertently filed the consumer case before the District Consumer Dispute Redressal Forum, Dindigul, instead of filing it before the District Consumer Dispute Redressal Forum, Madurai. The learned counsel further submitted that liberty may be given to the petitioner to file the consumer case before the District Forum, Madurai, in accordance with law. 3.Since the Circuit Bench as well as the District Forum, Dindigul have concurrently held that the petitioner has chosen a wrong jurisdiction, we do not find any error or irregularity in the order passed by the Circuit Bench as well as the District Forum. Accordingly, while confirming the order passed by the Circuit Bench as well as the District Forum, we are inclined to grant liberty to the petitioner to approach the District Consumer Dispute Redressal forum, Madurai, to redress his grievance.

4.Accordingly, the Writ Petition is dismissed. The petitioner is given liberty to approach the District Consumer Dispute Redressal forum, Madurai and file the consumer case in accordance with law. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS-III) /True copy/ Sub Assistant Registrar To 1.The Branch Manager, Vilangudi Branch, Madurai - 625 018.

2.The General Manager (Network Nodal Officer-1), Local Head Office, Circle Top House, 16, College Lane, Chennai - 600 006.

3.The General Manager (Network Nodal Officer-2), Local Head Office, Circle Top House, 16, College Lane, Chennai - 600 006.

4.The Assistant General Manager (Customer Service), Local Head Office, Circle Top House, 16, College Lane, Chennai - 600 006.

5.The Deputy General Manager, Customer Service Department, 16th Floor, Corporate Centre, Mumbai - 400 021.

+1CC TO Mr.T.Indrachithu, Advocate, SR No.60427 W.P(MD)No.7666 of 2018 10.04.2018 ps MS/SV-MMS/SAR-1/24.04.2018/3P.7C