RAHEEMUNNISSA Vs. DISTRICT CONSUMMER FORUM PRAKASAM DISTRICT

JUDGEMENT

(1.) THIS writ petition is filed seeking a declaration that the Order passed by the District Consumer Forum Prakasam District dated 26. 4. 2007 in E. P. No. 3 of 2007 in C. D. No. 116 of 2000 prohibiting the petitioner from transferring or creating any charge over house bearing No. 8-1-402/409 Gulshan Colony, Shaikpet, Hyderabad, by sale, gift or otherwise as arbitrary and illegal.

(2.) THE petitioner claims to be the absolute owner and possessor of the house in question having purchased the same under a registered sale deed dated 30. 11. 2005 from the respondent No. 6 herein. By notice dated 4. 4. 2007 issued by the District Consumer Forum Prakasam District, the petitioner was called upon to appear before the Forum on 26. 4. 2007 and to show- cause as to why the house in question should not be attached in E. P. No. 3 of 2007 filed by 2nd respondent in execution of the order passed in C. D. No. 116 of 2000 under Sections 25 and 27 of the Consumer Protection Act, 1986 (for short "the Act" ). Accordingly the petitioner appeared before the Forum on 26. 4. 2007 and requested to furnish the copies of the order said to have been passed in C. D. No. 116 of 2000 and other documents. Without furnishing the said documents, the District Consumer Forum Prakasam District passed the impugned order prohibiting and restraining the petitioner from transferring the house in question by sale, gift or otherwise.

(3.) PURSUANT thereto the 2nd respondent herein, claiming to be the GPA holder of the respondents 7 to 46, filed EP No. 3 of 2007 with a prayer to attach and sell the house in question after cancelling the registered sale deed in favour of the writ petitioner. Though the writ petitioner was not a party to C. D. No. 116 of 2000, she was arrayed as respondent No. 5 and her vendor-the 6th respondent herein was arrayed as respondent No. 4 in EP No. 3 of 2007. In the said execution petition after notice to the petitioner and her vendor, the impugned order was passed on 26. 4. 2007.