IN THE TAMILNADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI.

 

Present: Hon’ble THIRU  JUSTICE R. SUBBIAH : PRESIDENT

              

F.A. No. 1005 of 2023

[Against the order dated 10.08.2023 passed in E.A.No.12 of 2023 in C.C.No.143 of 2022 on the file of the D.C.D.R.C., Coimbatore].

 

Friday, the 22nd  day of  December, 2023

 

D.Vijayalakshmi,

161/83-b, West Ponnurangam Road,

R.S.Puram, Coimbatore - 641 002.    

… Appellant/Petitioner/Complainant

 

 

- Vs –

1. The Post Master,

    Coimbatore Head Post Office,

    Coimbatore - 641 001.

 

2. The Post Man,

    Coimbatore Head Post Office,

    Coimbatore - 641 001.                   ...  Respondents/Judgment Debtors/

                                                               Opposite Parties

 

 

For Appellant/Complainant           :  Mrs.Vijayalakshmi (PIP)

For  Respondents/Opposite Parties: M/s. Subbu Ranga Bharathi.

 

          This appeal came up for final hearing on 22.12.2023, and on hearing the arguments of the appellant/Party in Person and the Respondents/Judgment Debtors and on perusing the material records, this Commission made the following:-

O R D E R

 

R.SUBBIAH J., PRESIDENT (Open Court)

           This appeal has been filed by the Complainant/Petitioner as against the order dated 10.08.2023, passed by the District Consumer Disputes Redressal Commission, Coimbatore, in E.A.No.12 of 2023 in C.C. No.143 of 2022, terminating the Execution Application filed by the Appellant/Complainant herein without prejudice to the Appellant/ Complainant herein to receive the payment made by the Judgment Debtor through the Demand Draft.

 

          2. The Appellant is the Complainant/Petitioner, The Respondents are the Judgment Debtors 1 and 2/Opposite Parties 1 and 2 before the District Consumer Disputes Redressal Commission, Coimbatore.  For the sake of convenience, the parties will be referred in the course of this order as per their respective rankings before the District Consumer Disputes Redressal Commission, Coimbatore.  

 

 3.   When the matter has come up for hearing the Appellant/Petitioner has filed a memo stating that originally the Appellant /Petitioner herein had filed a Consumer Complaint in C.C.No.233 of 2017 before the District Consumer Disputes Redressal Commission, Coimbatore and the said case has been transferred to the District Consumer Disputes Redressal Commission, Tiruppur,  as per the Notification issued by this Commission, due to administrative reason and the same was renumbered as C.C.No.143 of 2022 before the District Consumer Disputes Redressal Commission, Tiruppur. The Appellant/Petitioner had filed C.C.No.106/2019, C.C.No.151/2019 and E.P.No.04/2018 in C.C.No.123/2014 before the District Consumer Disputes Redressal Commission, Coimbatore.

 

4.  The Appellant/Complainant in C.C.No.123/2014, had filed a complaint before the District Collector under Section 17 of the Consumer Protection Act, 2019, as against the District Consumer Disputes Redressal Commission, Coimbatore, alleging infirmities and irregularities in conducting trial.  The District Collector had forwarded the said complaint to the District Consumer Disputes Redressal Commission, Coimbatore itself.   Thereafter, the District Commission, Coimbatore, has refused to hear the complaint filed by the Appellant/Complainant/Petitioner and further directed the Appellant/Complainant/Petitioner to move for a direction for transfer all her pending cases to some other Commission. 

 

5.  Being aggrieved, the Appellant/Complainant filed a Writ Petition before the Hon'ble High Court in W.P.(SR) 26334/2023 to quash the proceedings of the District Consumer Disputes Redressal Commission, Coimbatore and for a direction to the District Collector to take necessary action under Section 17 of the Consumer Protection Act, 2019, and the same is pending.

 

6.  In the meanwhile, the District Consumer Disputes Redressal Commission, Tiruppur, vide order dated 11.10.2022, allowed the complaint i

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