F.A.No.719/2011 against E.A.No. 48/2010 in C.C.No.692/2009, Dist. Forum –III, HYDERABAD.

Between:

Sri John Spurgeon S/o.P.Anandam

Aged about 67 years, Occ:Retd.

Head Master,R/o.H.No.6-18,

Vijayawada Road, Hanuman Junction,

Krishna District, Pin-521 105                                 Appellant/

                                                                        Complainant

And

1. M/s.Sri Laxmipriya Township Promoters Pvt. Ltd.,

    Represented by its Managing Director,

    Sri N.H.Chandramoulishwara Reddy, S/o.Siva

    Reddy, aged about 41 years, Occ:Business,

    414, Babukhan Estate, Basheerbagh,

    Hyderabad-029, Andhra Pradesh.

2. Sri N.H.Chandramoulishwara Reddy,

    S/o.Siva Reddy, Post of Village Deepugutla

    Mandal Gosapadu

     Dist.Kurnool, Pin 528 669                                        Respondents/

                                                                        Opp.parties

Counsel for the Appellant           : Ginne Malleswara Rao

Counsel for the Respondents     : R1-Notice held sufficient

                                                   R2 served.

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

AND

SMT.M.SHREESHA, MEMBER.

            WEDNESDAY, THE SECOND DAY OF NOVEMBER,

                              TWO THOUSAND ELEVEN

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

            This is an appeal preferred against the order closing the E.A. for not furnishing the correct address on the application filed under Section 27 A of Consumer Protection Act, 1986. 

Assailing the said order, the complainant preferred the appeal contending that the District Forum ought to have proceeded against the opposite parties in view of the fact that they did not choose to contest even before the District Forum during enquiry and an exparte order was passed.  Therefore the question of furnishing correct address of the respondents will not arise as the respondents did not choose to contest the matter in the complaint.

Heard the learned counsel for the appellant.

Undoubtedly the District Forum has committed material irregularity  in closing the E.A. on the ground that the correct addresses of the respondents were not furnished.  The Consumer Forum ought to have resorted to procedure provided under Section 27 A albeit procedure contemplated U/s.200 Cr.P.C. while executing the orders of the District Forum.  It cannot close the E.A. on the ground that correct addresses were not furnished.  It has to issue warrants on failure to appear and if necessary attachment of property etc. as provided under Criminal Procedure Code.

In the circumstances this appeal is allowed and the order of the District Forum in E.A. is set aside.  The District Forum is directed to restore the E.A. to its original file and proceed in the matter, according to law.

Sd/-PRESIDENT.

Sd/-MEMBER.

JM                                                                     Dt.02-11-2011