The High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or direction more particularly in the nature of writ of mandamus set aside the order dated 11.06.2025 passed by the Honble National Consumer Disputes Redressal Commission in SA No. 259 of 2025- lA NO: l CtF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Cc urt may be pleased to suspend the operation of the order dated 1110612025 assed by the Honourable National Oonsumer Disputes Redressal Commission in SA No. 259 of 2O2S pending disposal of the present Writ Petition. lA NO: 2O'F 2025 Petil:ion under Section 151 CPC praying that in the :ircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the Petitioner to withdraw 50 % of the deposited amount / awarded amount pending dir;posal of the present Writ Petition. IA 3 0F 202s Petition under Section 151 CPC praying that in the r:ircumstances stated in the affidavi. filed in support of the petition, the High Court n ay be pleased to direct the Resporrdent No.4 to dispose of FA No. 831 of 2023 ir a time-bound manner pending disposal of the present Writ Petition. counselfor the Petitioner: SRt AVINASH DESAT REP sRt r.p.s. HARSHA Cou.nsel for the Respondents No 1 & 2; SRl N . BHUJANGA RAO Deputy Solicitor General rf lndia Counsel fo. the Respondent No 3: --- Counselfor the Respondent No 4: GP FOR CIVIL SUPPLII:S The Court rnade the following: ORDER ITIG'II COURT FOR THE STATE OF AT HYDERABAD THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA AND THE HON'BLE JUSTICE GADI PRAVEEN KUMAR WRIT PETITION NO.4O551 OF 2025 DATE: 3L.L2.2O25 Between M/s. SEW Infrastructure Ltd. And Union of India, Ministry of Consumer Affairs, Food and Public Distribution, Room No.546 C, Krishi Bhawan, New Delhi - 110001 and three others Petitioner ...Respondents Mr. Avinash Desai, learned senior counsel representing Mr. TpS Harsha, learned counsel appearing for the petitioner Sri N. Bhujanga Rao, the learned Deputy Solicitor General of India appearing for the rcspondent Nos. l and 2. Thc learned Government Pleader for Civil Supplies appearing for the respondent No.4 ORDER: (Per Hon'ble Justice Moushumi Bhattacharya)

1. The Writ Petition has been filed against an order dated

11.06.2025 passed by the respondent No.2/National Consumer Disputes Redressal Commission at New Delhi ('NCDRC) in NC/SA/259/2025, whereby the Revision Petition filed by the respondent No.3/lnsurance Company was partly allowed and I I \ \ 2 the crrder dated 07.o3.2o25 directing release of 50% statutory depo,sit was set aside. The NCDRC directec the respondent No.4,/Telangana State consumer Disp rtes Redressal comrnission, Hyderabad ('State commission') Eo dispose of the Appeal (First Appeal No. sc/36/A I 83t /20231 expeditiousty. The ItlcDRC further directed that the entire rlecreetal amount inclu,ling the statutory deposit shall be retaine<[ and shall not to be released till the disposal of the Appeal.

2. The petitioner before us is the consum:r who filed the complaint (c.c.No.323 of 2o2o) before the District consumer DisptLtes Redressal commission-Ill, Hyderabad which was then taken up through the hierarchy as provi,led under The Consrrmer Protection Act, 20Lg.

3. The relevant facts are that the petitiorrer/complainant filed FAIA No.1066 of 2024 in First Appeal No.SC / 36lAl83r 12023 for withdrawal of the amounts deposited and the state commission uid.e docket order dated

07.03 .2025 allowed FAIA No, to66 of 2024 anc permitted the petiticner to withdraw Rs.5,36,0o,000/- subjec'. to execution of a sell-bond for the same amount and by depositing the registe:red sale Deed of the immovable proper y of equivalent :i : l i t a 3 value along with the Encumbrance Certificate for the last L2 years. The Insurance Company filed the Revision Petition against the docket order dated 07.O3.2025, which culminated in the impugned order dated 11.06.2025 passed by the NCDRC.

4. Learned Senior Counsel appearing for petitioner/consumer submits that the Writ Petition may be disposed of with a direction to the State Commission to expedite the hearing and disposal of the First Appeal filed by the respondent No.3/lnsurance Company. Senior Counsel places the relevant documents in this regard.

5. We have perused the records. t \ I l

6.. It is evident that in spite of the impugned order dated

11.06.2025 passed by the NCDRC, which directed the State Commission to expeditiously dispose of the Appeal, the State f ( Commission took up the matter on 18.O9.2025 and posted the same on 19.O2.2026.

7. Considering the fact that the cause of action for filing of the complaint in 2O2O arose in 2015, the petitioner has been awaiting adjudication of the complaint for the last five years and since the Court is informed that the pleadings of both the \ \ 4 ( parti()s are complete in First Appeal No. sc/36/A lg3l/2023, the Sretitioner is granted liberty to file an application for an expeclited hearing of the Appeal before the State commission. The sitate commission is directed to dispose of First Appcal No. sc/36/A l83l 12023, as expeditiously as possible, preferably, within a period of three months from the date on which a copy of thir; order is made available to the State commission.

8. w.P.No.4o551 of 2o2s, along with all connected applic:ations, is accordingly disposed of. There shall be no order as to costs. //TRUE COPY// Sd/-M.NAGAMANI ASSISTANT REGTSTRAR G; SECTION OFFICER To,

1. Unionof lndi?, tltillsiry.ol.ConsumerAffairs, FoodandpublicDistribution, Room No. 546 C, Krishi Bhawan, New Delhi-110001.

2. Nati'rnal consum.er Dispt{gs^ftrdressal com mission(NCDRC), Upbhokta Nya'y Bhawan, 'F' Block, GPO Complex, lNA, New Delhi - 1fi102i

3. Telangana Stale.C.olsymgr Disputes Redressal Commission Eruvaka, Anand Nag:ar Colony Rd, Khairtabad, Hyderabad, Telangana 500004.

4. One CC to SRI TPS HARSHA, Advocate tOpUCI 5. one cc to sRl N BHUJANGA RAo, Deputy Solicitor Gendral of lndia loPrJCI

6. Two CCs to GP FOR CIVIL SUPPLIES, High Court for the State of Telangana at Hrlderabad. [OUT] I

7. Two CD Copies DAN PMK HIGH (3OURT DATED i3111212025 ORDEIR WP.No,.40551 of 2025 THE S ( 0 I r[8 202[ () * DISPOSING OF THE WRIT PETITION WITHOUT COSTS &r h l*u