IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 24791 of 2008 Between: Zen Academy, Opp: Hotel Rajdooth, Lakdikapul, Hyderabad, Rep. by its Secrerary and Correspondent, Miss Marym Jamila, D/o. Syed Fizur Rahman. ..... PETITIONER AND 1 P. Srinivasulu, S/o. P. Malayadari, B-2-603/H/15,G.B. Nagar Road No.10, Banjara Hills, Hyderabad - 500 034. 2 "SETWIN" Registered Under the Society's Registration Act by the Government of Andhra Pradesh, Azmath Jaha Place Poorani Haveli, Hyderabad, Rep. by its Managing Director. 3 A.P. State Consumer Dispute Redressal Commission, Eruvaka Building, Khairtabad, Hyderabad, Rep. byi ts Registrar. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to examine the records relating to and the order passed in FA No. 1708/2007 dated 9/6/2008 and the reocrd ralting to CD No. 761/2005 District Forum-II, Hyderabad, declre that in the facts and circumstance of the case the 1st respondent in not entitloed for issuance of a certificate through Setwin an A.P. Govt. Society the 3rd respondent herein as he does not posses the required qualification to be eligible for such certificate, that there is therefore no deficiency in servie on the part of the petitioner and consequently issue a Writ of Mandamus or any other appropriate Writ, Orderor direction setting aside the order dated 9-6-2008 of the 3rd respondent in FA No. 1708/2007 confirming the order dated 22/6/2006 passed by the District Forum-II, Hyderabad in CD No. 761/2005 with a further direction to refund the amount of Rs. 2000/- deposited by the petitioner on 12/9/2007 to the credit of the 3rd respondent forum, by a Banker's Cheque bearing No. 137363/SBI Hyderabad and pass Counsel for the Petitioner:MR.RAMA RAO PHILKHANA Counsel for the Respondent No.: . The Court made the following : Form-NIC-OGS/WP{SPJS} HONOURABLE SRI JUSTICE V.ESWARAIAH AND HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.No.24791 of 2008 ORDER: (Per Hon’ble Sri Justice V.Eswaraiah) Heard the learned counsel appearing for the petitioner. 2. In spite of service of notice on the contesting 1st respondent, none appears. 3. The 1st respondent filed C.D.No.761 of 2005 on the file of the District Consumer Disputes’ Redressal Forum-II, Hyderabad, for a direction to the petitioner herein to issue a course certificate to him through the Society formed for employment promotion and training in twin cities (for short ‘SETWIN’), registered by the Government of Andhra Pradesh, or refund the paid up fee of Rs.2,500/- along with interest @ 18% per annum and also to pay a sum of Rs.10,000/- towards compensation for mental agony. 4. The District Forum, by order dated 22-06-2006, directed the petitioner herein to issue course certificate, through ‘SETWIN, for ‘Diploma in Hardware and Computer Networking, along with compensation of Rs.1,000/- with costs of rupees one more thousand to the 1st respondent-complainant. 5. Aggrieved by the same, the petitioner herein filed appeal before the A.P. State Consumers’ Disputes Redressal Commission, Hyderabad, in F.A.No.1708 of 2007, which was dismissed by order dated 09-06-2008. Aggrieved by the same, this writ petition has been filed contending that the direction issued by the District Forum as affirmed by the State Commission is not possible to be implemented as the petitioner being a private organization, it cannot issue certificate as sought for and it cannot also make a request ‘SETWIN’ to issue such certificate as ‘SETWIN’ is not a party before the District Forum as well as the State Commission. 6. The petitioner had paid costs and compensation as ordered by the District Forum. 7. This Court while issuing notice before admission, initially, granted interim stay. Thereafter, the interim stay granted on 12-08- 2008, was modified directing the petitioner to pay a sum of Rs.5,000/- which was also paid. The petitioner represents that apart from payments as directed by the District Forum, they have paid further sum of Rs.5000/- also to the 1st respondent. In view of that and the fact that the 1st respondent is not contesting these proceedings, final order can be passed now. 8. We are of the opinion that the issuance of the certificate is not within the control of the petitioner. It is just and proper to modify the operative portion of the order of the District Forum with the following direction: “The complainant successfully proved deficiency in service on the part of the Opposite Party towards the complainant and hence, we direct the opposite party (writ petitioner) to pay a sum of Rs.5,000/- (Rupees five thousand only) in lieu of the issuance of the certificate, through SETWIN, A.P. Government Society for Diploma in Hardware and Computer Networking, along with compensation of Rs.1000/- (Rupees one thousand only) and costs of this complaint of Rs.1,000/- (Rupees one thousand only) to the complainant.” 9. With the aforementioned direction, the writ petition is disposed of. No costs. _________________________ JUSTICE V.ESWARAIAH _____________________________ JUSTICE VILAS V. AFZULPURKAR 26th February, 2009 Kvr