BEFORE THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION OF TELANGANA AT HYDERABAD RP.NO. 77 OF 2023 AGAINST THE ORDERS IN CRL M.P.No.31/2023 IN EA No.01/2023 IN CC.No.732/2021, DISTRICT CONSUMER COMMISSION-II, HYDERABAD Between :

J.S.Chakravarthi, Secretary of the Central Excise Staff Co-operative, Thrift Credit Society Ltd., Central Excise Inspector, 3rd Floor, Stallion Building, 2nd Cross Road Auto Nagar, Vijayawada-520 007.

And D.No.21-10-6/2, Srinagar Colony, Satyanarayanapuram, Vijayawada, (wrongly shown as secretary and the correct one is hereunder)

J.S.Chakravarthi, Ex-Secretary of the Central Excise Staff Co-operative Thrift Credit Society Ltd., D.No.21-10-6/2, Srinagar Colony, Satyanarayanapuram, Vijayawada.

….Revision Petitioner/Petitioner/Respondents No.2/Opposite Party No.2 And :

1. Smt.Kota Lakshmi, W/o Kota Venkateswara Rao, Aged about 54 years, Occ.: House wife, Flat No.502, Tirumala Praveen Residency, S.B.I. Colony, Gandhi Nagar, Hyderabad.

……...Respondent No.1/Respondent No.3/Petitioner/Complainant.

2. The Central Excise Staff Co-operative Thrift &

Credit Society Ltd., Rep. by its President Smt. Venkateswaramma Central Revenue Buildings, Besides Sub-Collector’s Office at Rythu Bazar Road, Governorpet, Vijayawada-520 002.

….….Respondent No.2/Respondent No.1/Opposite Party No.1

3. Smt. Venkateswaramma, President of the Central Excise Staff Co-operative Thrift & Credit Society Ltd., Central Excise Inspector, 3rd Floor Stallion Building, 2nd Cross Road, Auto Nagar, Vijayawada 520 007.

……..Respondent No.3/Respondent No.2/Respondent No.3/Opposite Party No.3.

Counsel for Revision Petitioner/Petitioner/Respondents No.2/Opposite Party No.2 : M/s M.Hari Babu Counsel for Respondent No.1/Respondent No.3/Petitioner/Complainant:

M/s N.Rama Rao Counsel for Respondent No.2 & 3/Respondent No.1 & 2/Respondents/

Opposite Parties No.1& 3 : M/s MRB Manikandan.

QUORUM:

HON’BLE SMT. MEENA RAMANATHAN, IN-CHARGE PRESIDENT &

HON’BLE SRI V.V. SESHUBABU, MEMBER– JUDICIAL WEDNESDAY, THE 1^st DAY OF MAY TWO THOUSAND TWENTY FOUR ******

Order: (Per HON’BLE SRI V.V. SESHUBABU, MEMBER– JUDICIAL)

1. The Revision petition is filed u/s 47 (1) of Consumer Protection Act, 2019, praying this Commission to set aside the impugned orders by issuing NBWs, dated 11.08.2023 in Crl.M.P.No.31/2023 in EA No.1/2023 in CC No.732/2021 on the file of the District Commission-II, Hyderabad, with a request to set aside the order and pass such order or orders as this Commission may deem fit and proper.

2. The brief averments in Crl. MP. 31/2023 filed u/s Sec.38(8) of Consumer Protection Act, 2019 and Sec. 70(b) of the Cr.P.C., are that the petitioner is the 2^nd opposite party in the complaint and 2^nd respondent in EA 01/2023; that the Respondent No.1 who is the complainant filed the Execution Application to realize the amounts granted in her favour in CC 732/2021; that the District Commission below issued notices on the Respondents No.1 to 3 but, no notice was served on the petitioner; that the petitioner filed the present petition to recall the NBWs but it was dismissed on the ground of absence of the petitioner; that the petitioner is a law abiding citizen and always obey the orders of the Commission; that the petitioner failed to appear on the earlier occasion and subsequently due to communication gap; that has been suffering with medical problem i.e. mixed anxiety depression with post head injury sequel and under the medication; that willing to abide by any of the conditions, hence, the petition.

3. On the same day of Crl.MP. 31/2023 i.e 10.08.2023, the petitioner filed a memo on the advice of the members of the Commission below, undertaking to deposit part of the decree amount without prejudice to his rights in preferring an appeal against the order of the Commission and requested time up to 14.08.2023 for making the part payment.

4. On 11.08.2023, the Commission below made the following docket order “Petitioner absent. Passed over up to 02:30 A.N. Undertaken given by the petitioner