CHIEF POST MASTER GENERAL, BIHAR CIRCLE, PATNA vs SRIDHAR JHA

THIS appeal is directed against order dated 21.6.93 passed by the District Forum, Sahebganj in Case No. 6 of 93 in which the appellant here was the opposite party and the respondent here was the complainant before the District Forum.

THE facts of the case need not be mentioned for disposal of this appeal because the order under appeal cannot be sustained for noncompliance of the mandatory provisions of Section 14(2) of the Consumer Protection Act (hereinafter called the Act). Section 14(2) of the Act requires that every proceeding in a case has to be conducted by the President and at least one member sitting together and order passed in such proceeding has to be signed by the President and the member or members who conducted the proceeding. From the perusal of the order-sheet of the case before the District Forum, it appears that on the dates fixed in the case, the proceeding was conducted by the President alone the order passed on those dates bear the signature of the President only. THE parties in the case were heard on 8.6.93 and posted for order, but on that date the proceeding was conducted by the President alone and bears the signature of the President only. Of course the impugned order bears the signature of the President and one member. But on 8.6.93, the proceeding was not conducted by the President sitting with the member. Hence the parties were not heard by the member. Hence there has been contravention of the mandatory provisions of Section 14(2) of the Act and the impugned order cannot be sustained. In the result, the appeal is allowed. The impugned order is set aside. The case, however, is being remanded to the District Forum for disposal in accordance with the provisions of the Act on priority basis expeditiously.

There is no order as to costs. Appeal allowed.