BEFORE THE A.P.STATE CONSUMER DISPUTES REDRESSAL COMMISSION : AT HYDERABAD.



CC.SR.NO.1081/2009

Between:



1.The Managing Director,

Deepika Leasing and Finance Limited,

Rep. by its Director A.Balaji,

Konark Towers, Flat No.101,

Musarambagh, Hyderabad.

2.Managing Director,

Deepika Chit Fund Private Limited,

Rep. by its Director A.Sivarama Prasad,

Konark Towers, Flat No.101,

Musarambagh, Hyderabad.

…Petitioners (Complainants).

And

The Registrar,

A.P.State Consumer Disputes Redressal Commission,

Andhra Pradesh, Hyderabad.

…Respondent(Opposite Party.)



Counsel for the Petitioners : Mr.S.Syam Sunder Rao.

Counsel for the Respondent : SR stage



QUORUM: THE HON’BLE SRI JUSTICE D.APPA RAO, HON’BLE PRESIDENT,

SMT.M.SHREESHA,HON’BLE LADY MEMBER.

AND

SRI K.SATYANAND, HON’BLE MALE MEMBER.



FRIDAY, THE TWENTY FOURTH DAY OF APRIL,

TWO THOUSAND NINE.



Oral Order (Per Hon’ble Sri Justice D.Appa Rao, President)

*******

1, Heard the learned counsel for the complainants.

2. This is a curious case where the Managing Directors of Deepika Leasing and Finance Limited and Deepika Chit Fund Private Limited filed a complaint against the Registrar of this Commission for the following prayers:

“To direct the respondent to circulate the order to: 1.The Hon’ble District Consumer Forum, Guntur. 2. The Hon’ble District Consumer Forum, Hyderabad I, Chandra Vihar, 9th Floor, Hyderabad. 3. The Hon’ble District Consumer Forum II, Chandra Vihar, 9th Floor, Hyderabad. 4. The Hon’ble District Consumer Forum, III Chandra Vihar, 5th Floor, Hyderabad. 5. The Hon’ble District Consumer Forum-II Krishna District at Vijayawada. 6. The Hon’ble District Consumer Forum, Kakinada. 7. The Hon’ble District Consumer Forum, Nellore. 8. The Hon’ble District Consumer Forum, Ongole, Prakasam District. 9. The Hon’ble District Consumer Forum, Srikakulam, Srikakulam District. 10. The Hon’ble District Consumer Forum, Ranga Reddy District. 11. The Hon’ble District Consumer Forum at Visakhapatnam. 12. The Hon’ble District Consumer Forum, Vizianagaram. 13. The Hon’ble District Consumer Forum, West Godavari District at Euru, not to entertain the consumer disputes, penalty petitions or any other petitions or cases against the Managing Director, Deepika Leasing and Finance Limited rep. by its Director Balaji, Konark Towers, Flat No.101, Musarambagh, Hyderabad, and Managing Director, Deepika Chit Fund Private Limited rep. by its Director A.Sivarama Prasad Konark Towers, Flat No.101, Musarambagh, Hyderabad, as per the scheme of arrangement between the company and the shareholders and creditors in the judgment of Hon’ble High Court of Andhra Pradesh in Company Application Nos.196 and 197 of 2003 dated 25.11.2008 as otherwise the petitioners will be put heavy and irreparable loss.”

3. The learned counsel for the complainants alleges that by virtue of orders in Company Application Nos.196 and 197 dated 25.11.2008, all the cases before the Consumer Fora had to be withdrawn to the High Court. As we could see a number of complaints were filed against the complainants before various Fora. In the light of the orders of the High Court, the complainants by way of this complaint, sought a general direction to be issued to all the Fora to withdraw those cases to the High Court. In fact, the complainants as well could have requested the same before the High Court for transfer of those cases to the High Court or in the alternative filed memos bringing the said fact before the various Fora in order to transfer the matters to the High Court instead of filing the complaint for such a relief. We do not see how a relationship of Commission is existing between the complainant and the Registrar of this Commission. Instead of filing applications to transfer specific cases or memos before the respective Fora for withdrawal of those cases to the High Court, the complainants have chosen to file a complaint before this Commission. impleading the Registrar to order transfer of the cases. He cannot represent the Fora or this Commission for transfer of various cases from District Fora to the High Court.

4. This complaint is mis-conceived. It is, therefore, dismissed at the stage of admission.

PRESIDENT

LADY MEMBER

MALE MEMBER

Dt:24.04.2009.