THE HON’BLE SRI JUSTICE V.ESWARAIAH & THE HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR <+ WRIT PETITION No.5363 of 2009 % WEDNESDAY, THE EIGHTEENTHDAY OF MARCH, TWO THOUSAN AND NINE # Dr.B.Mohanlal Naik ….Petitioner Versus $ The District Consumer Forum constituted under Consumer Protection Act 1986 rep. By its Presiding Officer, Collectorate Compound, Mahabubnagar and 3 others …..Respondents ! Counsel for the Petitioner : MR.P.VEERA REDDY ^ Counsel for the respondents : GP FOR CIVIL SUPPLIES < Gist : > Head Note: ? Cases Referred: IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.5363 of 2009 Between: Dr. B. Mohanlal Naik S/o. Naik Sri Balaji Yashoda Nursing Home, Challavari Street, 1st Lane Kurnool City and District. ..... PETITIONER AND 1 The District Consumer Forum constituted under consumer protection Act 1986 rep. by its Presiding Officer, Collectorate compound, Mahabubnagar. 2 M. Sudhakar S/o. Late M. Krishnaiah ZPHS Boys High School, Nagarkurnool, Mahabubnagar District. 3 Dr. S.Jwad Hussain S/o. Not known aged not known S.J. Clinic, D.NO.54-94, Fort, Kurnool Ccity. 4 Dr. Ramakrishna S/o. Not known aged not known Dr. G. Venkata Reddy Hospital, Nagar Kurnool Town, Mahabubnagar District. .....RESPONDENTS 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 to issue appropriate writ or order or direction mostly one which is in the nature of Writ of Mandamus declaring the entertainment of C.C.No.140/2008 by the 1st respondent by taking it on file as without jurisdiction illegal unwarranted and unsustainable and pass Counsel for the Petitioner: MR.P.VEERA REDDY Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following: Form-NIC-OGS/WP{MSN} THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.5363 of 2009 ORDER: (per Hon’ble Sri Justice V.Eswaraiah) The writ petition is filed seeking to issue a Writ of Mandamus, declaring the entertainment of CD.140/2008 by the 1st respondent-District Consumer Forum, Mahaboobnagar, as illegal and without jurisdiction. Sri P.Veera Reddy, learned counsel, appearing for the petitioner, submits that the petitioner is a Doctor, practicing at Kurnool and he has treated the 2nd respondent at Kurnool Hospital, and even if there is any deficiency of service, no part of cause of action arose at Mahabubnagar, as admittedly, the 2nd respondent who is a complainant before the District Consumer Forum was treated at Kurnool and thereafter, he was treated at Hyderabad, therefore, it cannot be said that the District Consumer Forum at Mahaboobnagar has territorial jurisdiction to entertain the complaint under Sec.12 of the Consumer Protection Act. A perusal of the complaint goes to show that the complainant issued a legal notice dated 26.04.2008, calling upon the petitioner herein and other Doctor to pay a sum of Rs.9 lakhs towards loss and damage sustained by him by reason of deficiency of service and the said notice was received by the petitioner herein and another and replies were also sent and the said replies were received at Nagarkurnool of Mahaboobnagar District on 09.05.2008 and 05.06.2008 and thus, cause of action arose within the jurisdiction of the District Consumer Forum of Mahaboobnagar. Under Sec.11(2)(c) of the Consumer Protection Act, 1986, the District Consumer Forum will have jurisdiction to entertain the complaint even if part of cause of action arises within its jurisdiction. The fact that the legal notice was emanated within the jurisdiction of the District Consumer Forum, Mahaboobnagar and replies sent by the petitioner and another were also received by the complainant within the territorial jurisdiction of the Mahaboobnagar, and therefore, it cannot be said that the District Consumer Forum at Mahaboobnagar has no territorial jurisdiction to entertain the Consumer Dispute. I do not see any merits in the writ petition. The Writ Petition is, accordingly, dismissed. No order as to costs. _____________________ V.ESWARAIAH,J _______________________________ VILAS V. AFZULPURKAR,J Dated: 18.03.2009 Dsr Note: LR copy to be marked B/o Dsr .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The District Consumer Forum constituted under consumer protection Act 1986 rep. by its Presiding Officer, Collectorate compound, Mahabubnagar. 2 2. 2CCs to 3. 2CD copies