ASHOK GAS SERVICE vs PARAMESH CHANDRA MUKHARJEE

BY this order we propose to dispose of five appeals registered as C.A. Nos. 44-8 of 1993. These appeals have been filed against the order passed by the learned District Forum, Dhubri on 2.1.93 vide Annexure IV to CA. 4/4493. 2.Against the appellant here in, a petition was filed before the District Forum, Dhubri alleging malpractices by No. 1 herein. A petition was filed before the District Forum for transfer of the petition to some other Forum on the ground that the President of the District Forum filed a complaint petition against the appellant here in before the Deputy Director, Supplies, which is available at Annexure-I to the petition. That apart, one of the Members of the District Forum who is a Local Correspondent of the English Daily "The Sentinel", published a news - item on 15.7.87 alleging mal practices against the present appellant. 3.Notices were issued. None appears except on behalf of respondent No. 1, who has filed written argument by post. 4.We have heard Mr. B.K. Jain, learned Counsel for the appellant and Shri C.R. Choudhury, learned Counsel for the respondent No. 3. 5.From the impugned order we find that the petition was rejected mainly on the ground that there is no provisions for transfer of a pending petition from one District Forum to other District Forum. 6. District Forum and State Commission constituted under Consumers Protection Act, 1986 is a quasi judicial body. It has to follow the principal of natural justice. BY applying the principle of natural justice, it would unjust to allow the District Forum, Dhubri to hear the present petition. We may say that this is not a reflection on the President and Members of the District Forum but we have to follow the principle that justice must not only be done but it must appear to have been done. As the President and Member of the District Forum have alleged malpractices by the appellant herein, it is a fit case to transfer on the ground of principle of natural justice. Our attention has also been drawn to Section 17 of the Act, which is provisional power over District Forum to be exercised by this Commission. BY exercising Revisional Power also we can call for the record and pass appropriate orders. 7. In view of what has been stated above, we direct the District Forum, Dhubri to transfer C.P. Nos. 23, 21, 20, 27 and 28 of 1992 to the District Forum Bongaigaon. The appellant herein and the respondents shall appear before the District Forum, Bongaigaon within a month from today and the District Forum, shall fix a date for appearance of the other parties before the District Forum, Bongaigaon and shall inform them accordingly. 8. Let the records be sent to the District Forum, Dhubri for passing appropriate orders of issuance of notice regarding the next date for appearance before the District Forum, Bongaigaon. The appeals are disposed of accordingly. Appeal allowed.