State Consumer Disputes Redressal Commission
Ch.Lakshmi Narayana And 7 Others ... vs M/S.Janachaitanya Housing Pvt. Ltd. ... on 19 September, 2008
BEFORE THE A BEFORE THE A.P.STATE CONSUMER DISPUTES REDRESSAL COMMISSION : AT HYDERABAD. RP.No.111/2008 against CC.SR.No.186/2008 District Consumer Forum, Prakasam District at Ongole. Between: 1.
Ch.Lakshmi Narayana, S/o.Narayana, Aged about 35 years, R/o.Hanumanpet, Vijayawada, Krishna Dist.
2.K.Somaiah, S/o.Danaiah, Aged about 42 years, Govada (V), Krishna Dist.
3.V.V.Subba Reddy, S/o.Koti Reddy, Aged about 38 years, Governor pet, Vijayawada.
4.K.Satyavarthi, W/o.Koteswara Rao, Aged about 41 years, Ramapuram, Tenali, Guntur Dist.
5.E.Kusuma, W/o.Madhusudhana Rao, Aged about 35 years, Main Road, Tenali, Guntur Dist.
6.V.V.Giri, S/o.Prasada Rao, Aged about 44 years, Ponnur Road, Tenali, Guntur Dist.
7.V.Kalwalgili, Aged about 36 years, China Savuruthota, Venkateswarapuram, Tenali, Guntur Dist.
8.V.K.Giri, S/o.Prasada Rao, Aged about 33 years, Tenali, Guntur Dist.
Rep.
by his GPA Thummalapenta Srinivasa Rao, S/o.Bapaiah, Aged about 37 years, R/o.Pallamalli (V), Chimakurthy (M), Prakasam District.
Revision Petitioners/Complainants.
And
1.M/s.Janachaitanya Housing Pvt. Ltd.
Rep. by its Managing Director, Pasumalai Complex, 1st Floor, 5/1, Arundelpet, Guntur.
2.Jamili Prasada Rao, S/o.Venkata Narayana, Aged about 41 years, R/o.Pallamalai (V), Chimakurthy (M), Prakasham District.
Respondents/O.Ps.
Counsel for the Revision petitioners : Mr.V.Gourisankara Rao.
Counsel for the Respondents : Mr.M.Srinivasa Swarup.
QUORUM: THE HONBLE MR.JUSTICE D.APPA RAO, PRESIDENT, SMT.M.SHREESHA,HONBLE LADY MEMBER, AND SRI G. BHOOPATHI REDDY, HONBLE MALE MEMBER.
FRIDAY, THE NINTEENTH DAY OF SEPTEMBER, TWO THOUSAND EIGHT.
Oral Order (Per Honble Mr.Justice D.Appa Rao, President) ******* Heard both sides.
1. The complainants preferred this revision aggrieved by the order dt.19.02.2008 in CC.Sr.No.186/2008 on the file of District Consumer Forum, Prakasam District at Ongole in directing them to file the complaint before proper Forum on the ground that it has no territorial jurisdiction.
2. It is the specific case of the complainants that the 1st respondent had received the amount through its agent, the 2nd respondent, he being a resident of Pallamalli Village, Chimakurthy Mandal of Prakasam District, necessarily the Ongole District Forum is having territorial jurisdiction.
3. The District Forum without mentioning the reason for returning the complaint, directed the complainants to file it before a proper Forum. We fail to see as to why the complainants should invoke the jurisdiction of a different Forum, when the complainants positive case was that the amount was received at their house, situated in the District of Ongole, by 1st respondent through its agent, 2nd respondent. It is unfortunate that without even giving any reasons, whatsoever, the District Fora are disposing of the matters by giving one line order. It is unfortunate that such lopsided orders are being passed. Summary proceedings do not mean disposing of the matter without reasons. It is a judicial proceedings, necessarily it has to give reasons.
4. The learned counsel for the respondents contended that the G.P.A. is not valid, as the complainants have not complied the rules governing the G.P.A. for filing the complaint, etc., before the District Forum.
5. We may clarify herein that the complainants preferred this revision only against the impugned order. The respondents are entitled to raise all the questions before the District Forum, immediately after they receive notice from the District Forum. We do not intend to deal all these questions, in view of the fact that the revision is confined only as to the return of the complaint by the District Forum pertaining to its jurisdiction. The District Forum shall necessarily look into the matter and register the complaint if the complainants fulfil the requirements as envisaged under Consumer Protection Act.
6. The revision petition is disposed of accordingly.
PRESIDENT LADY MEMBER MALE MEMBER Dt:19.09.2008.
Vvr.