JUDGMENT (Per G.S. Singhvi, C.J.)

In this petition, the petitioner has prayed for striking down second proviso to Section 15 of the Consumer Protection Act, 1986 (for short the Act) as inserted by Act 62 of 2002. He has further prayed for setting aside order dated 22-7-2006 passed by A.P. State Consumer Disputes Redressal Commission, Hyderabad (for short the State Commission) in FA (SR) NO.1486 of 2005.

2. Non-petitioner No.3-Mrs.Lavudi Swarajyam filed complaint under Section 12 of the Consumer Protection Act, 1986 with the allegation that she had made two deposits of Rs.30,000/- each in M/s. Nagarjuna Finance Limited and was assured of refund after the date of maturity, but except one cheque of RS.5,000/-, two other cheques given by the company for refund were dishonoured by the bank. She further averred that despite legal notices, the company had not paid the amount due to her. In the complaint filed by non-petitioner No.3, the petitioner was impleaded as one of the non-applicants.

3. By an order dated 8-2-2005, the District Consumer Disputes Redressal Forum-II, Hyderabad (for short the District Forum) allowed the complaint against non-applicant Nos.1 to 3 (including the petitioner)

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