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2009 Supreme(AP) 175

V.VILAS, V.ESWARAIAH
B. Mohanlal Naik – Appellant
Versus
District Consumer Forum constituted under Consumer Protection Act 1986 rep. By its Presiding Officer – Respondent


Advocates appeared:For the Petitioner:P. Veera Reddy, Advocate. For the Respondents: GP for Civil Supplies.

Judgment :

V. Eswaraiah, J.

1. The writ petition is filed seeking to issue a Writ of Mandamus, declaring the entertainment of CD.140/2008 by the 1st respondent-District Consumer Forum, Mahaboobnagar, as illegal and without jurisdiction.

2. Sri P.Veera Reddy, learned counsel, appearing for the petitioner, submits that the petitioner is a Doctor, practicing at Kurnool and he has treated the 2nd respondent at Kurnool Hospital, and even if there is any deficiency of service, no part of cause of action arose at Mahabubnagar, as admittedly, the 2nd respondent who is a complainant before the District Consumer Forum was treated at Kurnool and thereafter, he was treated at Hyderabad, therefore, it cannot be said that the District Consumer Forum at Mahaboobnagar has territorial jurisdiction to entertain the complaint under Sec.12 of the Consumer Protection Act.

3. A perusal of the complaint goes to show that the complainant issued a legal notice dated 26.04.2008, calling upon the petitioner herein and other Doctor to pay a sum of Rs.9 lakhs towards loss and damage sustained by him by reason of deficiency of service and the said notice was received by the petitioner herein and another and rep


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