IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRD 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.19669 of 1998 Between: V.T. Rao S/o. late V. Narayana Murthy R/o. A-1, Vayupuri, Sainikpuri Post, Secunderabad. ..... PETITIONER AND 1 The Union of India, Ministry of Home Affairs, Central Rep. by its Secretary. Secretariat, New Delhi. 2 Consumer Dispute Reddressal District Forum Hyderabad District, situated in the Premises of CROs. Complex Opp: Anand Theatre, S.P. Road., Secunderabad. 3 A.P. State Consumer Disputes Reddressal Commission, Khairtabad, Hyderabad. 4 National Consumer Disputes Reddressal Commission, New Delhi 5th Floor, Old Indian Oil Buildings, Janpath, New Delhi. 5 N. Sambasiva Rao S/o. N.V. Subbaiah H.No. 1-11-220/A, Gurumurthy lane, Begumpeta, Hyderabad. 6 The Inspector of Police, Neredmet Police Station, Malkajgiri Circle, Secunderabad, R.R. District. .....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 may be pleased to issue a Writ, of Mandamus or any other appropriate Writ, Direction or order declaring Section 27 of the Consumer Protection Act 1986 as arbitrary, illegal and unconstitutional as violative of Arts. 14, 19 and 21 of the constitution of India and consequentially declare the orders passed by the 2nd Respondent inj I.A.No. 664/95 in C.D.No. 1956/93 dt. 23-3-1998 and the Warrant dt. 30.3.98 issued in the said C.D. and the orders of the 3rd Respondent in R.P.I.A.No. 564/98 in RP No. 83/98 as wholly arbitrary illegal and without jurisdiction and further direct the 5th Respondent to repay a sum of Rs.1,50,000/- which was paid by the petitioner on the directions of the State Commission with interest from 10-06-1998 to till the date of payment and to pass such order or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.M.P.CHANDRAMOULI Counsel for the Respondent No.: MR.RAMAKRISHNA RAO SIDDANATHI (SC FOR CG) The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.19669 of 1998 ORDER: (per the Hon’ble Sri Justice V. Eswaraiah) This writ petition is filed questioning the constitutional validity of Section 27 of the Consumer Protection Act, 1986. It is not in dispute that the constitutional validity of Consumer Protection Act, 1986, was upheld by the Apex Court in STATE OF KARNATAKA Vs. VISHWABHARATHI HOUSE BUILDING CO-OP., SOCIETY AND OTHERS[1]. The subject matter of this writ petition is squarely covered by the said decision. Therefore, we are of the opinion that the petitioner is not entitled for any relief. Accordingly, the writ petition is dismissed. The interim order granted on 17-07-1998 stands vacated. There shall be no order as to costs. ________________ V.ESWARAIAH, J ________________________ VILAS V. AFZULPURKAR, J Dated: 03-02-2009 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{MUK} [1] (2003) 2 Supreme Court Cases 412