V.V.L. SUJATHA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This writ petition has been filed to declare the action of the State Consumer Redressal Commission, Hyderabad (State Commission) in entertaining F.A.No.144 of 2021 and passing an order dated 25.03.2021 on the interim application (F.A.I.A.No.295 of 2021) moved in F.A.No.144 of 2021, thereby staying the conviction order passed against the respondent No.4/Developer by the District Consumer Redressal Commission, Hyderabad III (District Forum) in EA.No.38 of 2013 dated 09.03.2021 as illegal, arbitrary and unconstitutional and consequently to direct the District Forum to enforce the order passed in E.A.No.38 of 2013 dated 09.03.2021, in accordance with law.

(2.) The brief facts of the case are as under:-

(3.) Learned counsel for the petitioner contends that once F.A.No.278 of 2013 filed under Section 27A of the Consumer Protection Act, 1986 was dismissed, confirming the conviction order, there was no question of the respondent No.4/Developer yet again filing F.A.No.144 of 2021 against the conviction order passed by the District Forum under Section 73 of the Consumer Protection Act, 2019. The respondent No.4/Developer is thus estopped from filing an appeal against his conviction order under Section 73 of the Act of 2019 and that State Commission ought not to have entertained F.A.No.144 of 2021, muchless stay all further proceedings.