HON'BLE MR JUSTICE GHULAM MOHAMMED AND HON'BLE MR JUSTICE G. CHANDRAIAH WRIT PETITION NO. 21133 OF 2009 Between: M/s Mansani Constructions represented by Mr. Krishna Kishore ..... PETITIONERS AND 1. P. Butchi Reddy and one another .....RESPONDENTS ORDER: (Per Hon'ble Sri Justice Ghulam Mohammed) This Writ Petition has been filed in the nature of Writ of Certiorari declaring the orders dated 12.1.2009 and 23.4.009 in FAIA No. 25 of 2009 in F.A.No. 1 of 2009 as well as the orders of the District consumer Forum, Ranga Reddy District in C.C.No. 35 of 2008 dated 20.10.2008 as illegal and arbitrary and set aside the same. C.C.No. 35 of 2008 was filed by the petitioner herein under Section 12 of CP Act, 1986 on the file of the District Consumer Dispute Redressal Forum, Ranga Reddy District, seeking for direction to the opposite party to pay an amount of Rs. 8,42,622/- along with interest at the rate of 12% per annum and also Rs. 50,000/- towards damages and costs and the same was allowed in part directing the opposite party to pay the complainant Rs. 8,42, 622/- along with interest at the rate of 12% per annum from the date of filing the complaint and also to pay Rs. 50,000/- towards damages and Rs. 2,000/- towards costs within 30 days from the date of communication of the order. Aggrieved by the same, the petitioner filed an appeal FA No. 12 of 2009 along with stay petition FAIA No. 25 of 2009 and the appellate Court observed as under: “Heard. The amount that was paid by the complainant towards sale consideration was in fact borrowed from the State Bank of India, Abids Branch, Hyderabad. Admittedly, the appellant did not deliver possession of the property though it has executed sale deed in favour of the complainant. The house could not be constructed, in view of the fact that the property was taken fro road widening. At any rate, the complainant had paid Rs. 6,44, 622/- and entitled to this amount with interest at 12% per annum amounting to Rs. 8,42, 622/-. Considering the fact that the complainant had to discharge the debt due the State Bank of India, we grant interim stay on condition that the appellant shall deposit Rs. 8,50,000/-, in addition to the statutory deposit already made, within a period of four weeks before the State Commission, and on such deposit the complainant is permitted to withdraw Rs. 8,50,000/- and discharge the debt due to the State Bank of India and get the sale deed released and file the same and notice by 25.2.2009.” As seen from the record, the petitioner did not comply the order passed in FAIA No. 25 of 2009 in FA No. 12 of 2009 and the Appellate Court passed another order on 23.4.2009, which reads as under: “ It is represented that the petitioner has not deposited a sum of Rs. 8,42,622/- as ordered within four weeks and till this date and thereby it is deemed that the conditional stay granted is vacated. Respondent/complainant is at liberty to proceed with execution of the matter before the District Forum” Being aggrieved by the same, the present Writ Petition has been filed. This Court on 25.9.009 while issuing notice before admission granted interim stay on condition of the petitioner depositing a further sum of Rs. 3,00,000/- within one week from that day. It is stated that the order passed by this Court on 25.98.2009 has been complied with. When once the A.P. State consumer Disputes Redressal Commission, Hyderabad is seized of the matter and there is no decision rendered on merits, it is not open for this Court to determine the rights of the parties. Hence, we are not inclined to exercise our certiorari jurisdiction inasmuch as there is no decision rendered on merits. Accordingly, the Writ Petition is dismissed. However, the appellate authority is directed to dispose of the matter in accordance with law after affording an opportunity of hearing both sides. The petitioner is given liberty to raise pleas legal or otherwise, which are permissible under law. There shall be no order as to costs. _______________________ GHULAM MOHAMMED,J _________________________ G. CHANDRAIAH ,J DATE: 12.07.2010 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies.