STATE CONSUMER DISPUTES REDRESSAL COMMISSION OF TELANGANA `

AT HYDERABAD

                                                  R.P.  No. 18 of 2018

                                                   Against

                                                   In

                                           I.A.No. 07 of 2018

                                                   In

                                           E.A. No. 40 of 2016

                                                   In

                                           C.C. No. 417 of 2014

                                           District Forum II, Hyderabad

Between :

Mrs. R. Damayanthamma,

D/o A. Anajaiah ( died) per her LRS

1. Raparla Sudhakar,

S/o Late Raparla Subba Rao

Aged about : 58 years, Indian,

Occ : Private employee.

2. Mrs. Potluri Padmaja,

W/o Potluri Devendra Vara Prasad

Aged about : 60 years, Indian

Occ : House wife

Both are residents of H.no. 1-34/3, Kailasnagar,

Chandhanagar, Serilingampally Mandal,

Ranga Reddy District      …       Revision petitioners/petitioners/complainants

And

1. M/s. Axis Bank Ltd

Ranigunj Branch,

Dr.No.5-2-182/184,

Credit Processing Centre,

Retail Asset Branch, 4^th floor,

Ranigunj, Secunderabad – 500 003.

Rep. by its Manager.

2. M/s. Axis Bank Ltd

Chandanagar Branch, Chandanagar

Hyderabad – 500 050

Rep. by its Branch Manager   ..Respondents/Respondents/OPs

Counsel for the Revision Petitioner    :         M/s. K. Visweswara Rao s

Counsel for the respondent                :         M/s. Laxminarayana & Associates

         Coram                    :

                           Hon’ble Sri Justice M.S.K.Jaiswal ….. President

                                                                      and

                              Hon’ble Sri K. Ramesh               …       Member

                              Friday, the Seventh Day of September

                                        Two Thousand Eighteen

ORAL ORDER

                                                  *****

1. This is a Revision petition  filed against the order of the District Forum II, Hyderabad in IA 7 of 2018 in EA No. 40 of 2016 in CC 417 of 2014 dated 27.03.2018, by order under which, the District Forum rejected the petition filed by the legal representatives of the complainant, who, filed Execution Application on the ground that the petitioners failed to explain as to how the petition is maintainable.
2. Notice has been served on the respondents
3. Heard  the counsel on both sides.
4. Admittedly, the deceased Damayanthamma filed Consumer Complaint before the District Forum  and obtained favourable orders and for non-compliance thereof  it appears EA was filed and the same was pending. During pendency of  the said EA, Smt. Damayanthamma, the complainant died  and her son and daughter filed application to implead them as legal representatives.
5. The learned District Forum rejected the same questioning  the maintainability. There is no dispute that the petitioners are legal representatives of the complainant and are competent to continue the proceedings in view of the death of  the complainant during pendency of EA.  Therefore, the order of the District Forum is erroneous which needs to be set aside. 
6. In the result, the Revision Petition  is allowed and the impugned order  is set aside directing the District Forum II, Hyderabad to implead the Revision petitioners as legal representatives of the deceased complainant in EA 40 of 2016.

                                                                      PRESIDENT                     MEMBER                                                                                     DATED :- 07.09.2018