Smt. Dasari Suryalakshmi v. Telangana State Consumer Disputes

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated rn the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or direction particularly one in the nature of WRIT OF MANDAMUS declaring the orders of the first respondent passed in FAIA (SR) No.4728 of 2024 in FA No.l75 of 2019 dated 29.11.2024 I 09.12.2024 as illegal, arbitrary and violative of Articb 21 of the Constitution of India, the provisions of the Consumer Protection Act, 2019 and issue a consequential direction to the Respondent No.1 trcrein to release the sum of Rs.2,10,8451 together with accrued interest in favourof the petitioner herein IA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No.1 herein to call for the amount of a sum of Rs.2,10,8451 from the FDR and credit the same to its account Counsel for the Petitioner: SRI J. PRABHAKAR REP., FOR Ms. D VENKATA PADMAJA Counsetfor the Respondent No.1: GP FOR CIVIL SUPPLIES Counsel for the Respondent Nos.2 to 5: --- The Court made the following: ORDER THE HON'BLE SRI IUSTICE ABHINAND KUMAR SHAVTLI AND THE HON'BLE SMT.IUSTICE TIRUMALA DEVI EADA WRIT PETITION No.35962 OF 2024 ORDER: (Per Hon'ble Sri Justice Abhinand Kumar Shavili) This Writ Petition is filed aggrieved by the order, dated

09.72.2024, passed in F.A.I.A.(SR).No.4728 of 2024 in F.A.No.175 of 2079, by the Telangana State Consumer Disputes Redressal CommisSion, Hydera bad (for short,' the State Cornmission').

2. Heard Sri J. Prabhakar, Iearned Senior Counsel representing Ms. D. Venkata Paclmaja, learned counsel for the petitioner and the learned Government Pleader for Civil Supplies appearing for respondent No.1.

3. It is the case of the petitioner that she was a memhr of the respondent-club and a plot was promised to be allotted to her by the respondent-club on payment of Rs.1,59,000/-, bluit the respondent- club failed to deliver the plot. Therefore, the petitioner was corrstuained to file C.C.No.564 of 2015 before the District Consumer Disputes Redressal Forum-I, Hyclerabad (for short, 'the District 2 AKS.J & ETD,J W.P No.36962 of 2O24 Forum'), and the said C.C. was allowed by the District Foram, ztide order, dated 28.01.2019, and the unofficial respondents were directed to pay an amount of Rs.1,59,000 /- with interest at the rate of 78% per annum from the date of collecting the amount from the petitioner till the date of payment and also directed to pay Rs.50,000/- as compensation for causing mental agony and pl'rysical inconvenierrce anci further, ciirecteci to pay Rs.i0,0001- as cosbs/ to the petitioner. Aggrieved by the same, the unofficial respondents preferred an appeal before the State Commission by filing the subject F.A

4. At the time of admission of the said appeat, the State Commission oide interin:l order, dated 04.O4.20i9, was pleased to grant interim stay of all further proceedings ;rursuant to the order, dated 28.01.2019, passed in C.C.No.564 of 2015 by the Disbrict Forum, subject to condition that the ulofficiat respondents deposit 50% of the amount awarded by the District Forun.r, and in pursuance of the said interim order passed by the State Commissiory the unofficial respondents l"rave deposited 509r, of the 3 AKS,J & ETD,J W.P.No.36962 of 2024 amount and finally, the State Commission was pleased to dismiss the subject F.A. aide order, dated 09.07.2024. Thereafter, the petitioner has filed the subject F.A.I.A.(SR). seekhg to permit her to withdraw the amount deposited by the unofficiar respondents pursuant to the interim order passed by the State Commission.

5. Initially, on 29.11,.2024, the Judicial Member has passed an order stating that the petitioner is not entitled to withdraw the said amount, whereas the Non-Judicial Member has deferred with the view taken by the Judicial Member and permitted the petitioner to withdraw the amount deposited by the unofficiar respondents pursuant to the interim order passed by the State Commission. since both the Members have expressed a different view, the matter was referred to an independent third Member and the third Member has agreed with the |udicial Member and dismissed the subject F.A.I.A.(SR)., oide impugned order, dated 09.72.2024. Aggrieved by the same, the present Writ Petition is filed. 6 Learned counsel for the petitioner had contended that when the State Commission has granted stay of the order passed by the 4 AKS,J & ETD,J w.P-No.36962 of 2024 District Forum on condition that the unofficial respondents shall deposit 5O% of the amount as adjudicated by the District Forum and when the unofficial respondents have deposited the said amount and the appeal preferred by the unofficial respondents dismissed by the State Commissioru then the petitioner is entitled to withdraw the said amount deposited by the unofficial respondents anci in respect oi the balance 507" of the amount is concerned, the petitioner shall pursue her remedies by taking appropriate steps Therefore, appropriate orders be passed in the \{rit Petition by clirecting thc State Comrnission to permit the petitioner to w i tl-rd rar'v 507" of the ar,rount deposited bi; the unofficial responder.ts, in the interEst of justice 7 Learned Government Pleader for Civil Supplies appearing for respondent No.1 had contended that, as admittedly, the unofficial respondents have deposited 50% of the amount as adjuclicated by the District Forum, Iet the petitioner withdrar.r' the deposited amount, in accordance with law, and appropriate orders be passerl in the Writ Petition. 5 AKS,J & ATD,J W.P.No.36962 of 2024

8. This Court, having considered the said submissions' is of the considered view that ends of justice would be met if the present writ petition is disposed of by directing the petitioner to file an application before the State Commission for withdrawal of the amount deposited by the unofficial respondents' On such application being filed' the State Commission shall permit the petitioner to withdraw the amount deposited by the unofficial respondents Pursuant to the interim orcier passed by it' g. With the above observations/directions' the Writ Petition is disposed of. There shall be no order as to costs' Miscellaneous Applications' if any' pending in this Writ Petition shall stand closed' ,TTRUE COPYII n SPJiIIY'#'"[lHi[ I SECTION OFFICER mmission at Khairatabad To, ana State Consumer DisPutes' Redressal . D VENKATA PADM GP FOR CIVIL SUPPLI AJA Advocate IOPUCI ES ,High Court for the State of 1 Telang Hyderabad 2. One CC to SRI 3T wo CCs to Telangana' 4. Two CD CoPies GJP (t- KKS HIGH COURT DATED:2810112025 ORDER \lJP.|Jo.36962 of 2A24 1v\ts ST4rF ( J 02 ll[Y 2025 '(t t ogsz/r{c* q-(' DISPOSING OF THE WRIT PETITION WITHOUT COSTS h- q L? 2-->