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 Nos.5213, 5408 and 5493 of 2009 W.P.5213/2009 Between: Racharla Srinivasa Rao S/o. Late Sri. R. Venkata Ranga Rao R/o. 9-9-121, Sadashiva Nilayam, Pinnavari Street, Warangal. ..... PETITIONER AND 1 District Consumer Forum at Warangal Reptd. by in Presiding Officer Hanamkonda. 2 Smt. Kuchana Saritha D/o. Shankaraiah R/o. 11-22-259, Tilak Road, Kasibugga, Warangal. 3 M/s. Yada Chit Funds Reptd. by its Managing Partners, Sri. Yada Shyam Sundar and (A Firm Registered Regd. No. 19/1997) Pinnavari Street, Warangal). .....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 an appropriate writ, order or direction, more particularly in the nature of Writ of Certiorari; a) declaring that the action of the 1st respondent / District forum Warangal at Hanamkonda in passing erroneous orders on 31-7-2008 by exercising its jurisdiction wrongfully in CD.No. 28/2006 against the petitioner herein as illegal, arbitrary and excessive of its jurisdiction by quashing the said proceedings in so far as this petitioner is concerned. and b) declaring that issuing warrant to the petitioner in PP. No. 54/ 2008 in pursuance of the execution on the order in CD. No. 28/2006 also as arbitrary illegal and excessive of its jurisdiction. Counsel for the Petitioner:MR.C.APPAIAH SHARMA Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following: Form-NIC-OGS/WP{KBJ} W.P.5408/2009 Between: Racharla Srinivasa Rao S/o. Late Sri R. Venkata Ranga Rao R/o. 9-9-121, Sadashiva Nilayam, Pinnavari Street, Warangal. ..... PETITIONER AND 1 District Consumer Forum Reptd. by in Presiding Officer at Warangal, Hanamkonda. 2 Smt. Tumma Sunitha W/o. Srinivas R/o. 11-22-259, Tilak Road, Kasibugga, Warangal. 3 M/s. Yada Chit Funds Reptd. by its Managing Partners, Sri. Yada Shyam Sundar and (A Firm Registered Regd. No. 19/1997) Pinnavari Street, Warangal). .....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 issue an appropriate writ, order or direction, more particularly in the nature of Writ of Certiorari; a) declaring that the action of the 1st respondent / District Forum Warangal at Hanamkonda in passing erroneous orders on 31-7-2008 by exercising its jurisdiction wrong- fully in CD.NO. 27/2006 against the petitioner herein as illegal, arbitrary and excessive of its jurisdiction by quashing the said proceedings in so far as this petitioner is concerned and b) declaring that issuing warrant to the petitioenr in PP. No. 53/2008 in pursuance of the execution of the order in CD.No. 27/2006 also as arbitrary illegal and excessive of its jurisdiction. Counsel for the Petitioner:MR.C.APPAIAH SHARMA Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following: Form-NIC-OGS/WP{KBJ} W.P.5493/2009 Between: Racharla Srinivasa Rao S/o. Late Sri. R. Venkata Ranga Rao R/o. 9-9-121, Sadashiva Nilayam, Pinnavari Street, Warangal. ..... PETITIONER AND 1 District Consumer Forum at Warangal Reptd. by in Presiding Officer Hanamkonda. 2 Smt. Kuchana Saritha D/o. Shankaraiah R/o. 11-22-259, Tilak Road, Kasibugga, Warangal. 3 M/s. Yada Chit Funds Reptd. by its Managing Partners, Sri. Yada Shyam Sundar and (A Firm Registered Regd. No. 19/1997) Pinnavari Street, Warangal) .....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 issue an appropriate writ, order or direction, more particularly in the nature of Writ of Certiorari; a) declaring that the action of the 1st respondent/District forum Warangal at Hanamkonda in passing erroneous orders on 31-7-2008 by exercising its jurisdiction wrongfully in CD.No. 29/2006 against the petitioner herein as illegal, arbitrary and excessive of its jurisdiction by quashing the said proceedings in so far as this petitioner is concerned. and b) declaring that issuing warrant to the petitioner in PP. No. 55/ 2008 in pursuance of the execution on the order in CD. No. 29/2006 also as arbitrary illegal and excessive of its jurisdiction and to pass Counsel for the Petitioner: MR.C.APPAIAH SHARMA Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following: Form-NIC-OGS/WP{KBJ} THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION Nos.5213, 5408 and 5493 of 2009 COMMON ORDER: (per Hon’ble Sri Justice V.Eswaraiah) Heard the learned counsel for the petitioner All these three writ petitions are filed by same petitioner aggrieved by the orders dated 31.07.2008 passed by the District Consumer Forum, Warangal in similar Consumer Disputes Nos.27/2006, 28/2006 and 29/2006 filed by the 2nd respondent in each of the writ petition. The 3rd respondent in each of the writ petition is the Chit Funds Company. It is stated that the 2nd respondent in each of the writ petition, who are the members of the 3rd respondent Chief Funds Company filed complaints vide Consumer Dispute Nos.27/2006, 28/2006 and 29/2006 before the District Consumer Forum, Warangar, stating that the 3rd respondent Chit Funds Company, represented by its Managing Partner Sri Racherla Srinivasarao, the petitioner herein, failed to repay the chit amounts, and as there was deficiency of service, the said Consumer Dispute cases have been filed seeking direction to the 3rd respondent Chit Funds Company, represented by the petitioner herein, to pay the amounts along with interest at 12% p.a. and same were allowed by the impugned orders. The petitioner in his individual capacity filed these three writ petitions. But, whereas, the petitioner was described in the above said Consumer Disputes as Managing Partner, representing M/s.Yada Chit Funds Company. In his individual capacity the petitioner is not a party to the said Consumer Disputes. The learned counsel for the petitioner submits that the petitioner resigned to the post of Managing Director of the 3rd respondent Chit Funds Company on 22.08.2003, and as on the date of consumer disputes, he was not the Managing Partner or Managing Director to the said Chit Funds Company, and therefore, the Consumer Disputes are not maintainable against the petitioner. A perusal of the impugned orders passed by the District Consumer Forum, Warangal go to show that the petitioner himself as a Managing Partner of the Chit Fund Company issued cheques to the complainants and the signature of the petitioner on the said cheques was also admitted and proved to be that of the petitioner herein. The contention of the petitioner that he has ceased to be Managing Partner of the said Chit Funds Company as on 22.08.2003 was also rejected. However, we are not inclined to express any opinion in this aspect as the petitioner has got alternative remedy of appeal against the impugned orders under Sec.15 of the Consumer Protection Act, 1986. In view of the fact that the petitioner has got a right of appeal under Sec.15 of the Consumer Protection Act, 1986, we are not inclined to entertain these three writ petitions. These three Writ Petitions are, accordingly, dismissed, with liberty to file appeals against the impugned orders. No order as to costs. _____________________ V.ESWARAIAH,J _______________________________ VILAS V. AFZULPURKAR,J Dated: 18.03.2009 Dsr ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 District Consumer Forum at Warangal Reptd. by in Presiding Officer Hanamkonda. 2 2. 2CCs to 3. 2CD copies