LAWS(MAD)-2011-10-287

P PONNUSAMY Vs. DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, DISTRICT COURT COMPLEX, THENI DISTRICT AND R KARTHIGA

Decided On October 31, 2011
P Ponnusamy Appellant
V/S
District Consumer Disputes Redressal Forum, District Court Complex, Theni District And R Karthiga Respondents

JUDGEMENT

(1.) The petitioner in all these writ petitions is one and the same person. He is set to be a shareholder of Sri Udayam Motors Auto Finance having office at Kamagoundampatti, Theni District.

(2.) The contesting respondents filed application before the District Consumer Redressal Forum at Theni complaining of the non payment of their deposit amount made by him. The order passed by the District Consumer Redressal Forum against the petitioner was not challenged in appeal under Section 15 of the Consumer Protection Act, 1986 and was allowed to become final. It was thereafter, the contesting respondent filed execution applications in terms of Section 25 of the Consumer Protection Act for executing the decrees. Those applications were numbered and assigned various E.A. Numbers. Notices were ordered to the petitioner. It was at this stage, the petitioner is seeking to set aside the order dated 03.08.2008. Challenging the original order of the District Consumer Forum seeking to set aside the direction to refund to each a sum of Rs. 50,000/-to the complainants (Respondents herein) in various complaints and to pay each Rs. 5,000/- as compensation for the mental agony together with interest.

(3.) It is not clear as to how such a Writ petition is maintainable. The petitioner is not only seeking to set aside the final order passed by the 1st respondent / District Consumer Redressal Forum, Theni, dated 03.08.2008, but, after setting aside the same, seeks for a direction to transfer the complaint to the Special Court constituted under the Tamil Nadu Protection of Investment Depositors Act (for short TNPID Act) at Madurai in terms of Section 6(3) of the Act.