KAUR SINGH BRAR vs KHURMI GUN WORKS

IT is an appeal against the order dated 30.10.1998 of the District Consumer Disputes Redressal Forum, Faridkot (hereinafter called the District Forum), vide which the complaint of the complainant was dismissed as satisfied, since according to the District Forum a settlement had reached between the parties.

THIS order dated 30.10.1998 of the District Forum has been challenged by the appellant, mainly on the ground that there was no agreement between the parties on the point of compensation and overcharging and the bursting of barrel, which had endangered the life of the complainant and had caused shock, agony and insecurity to him. It is then alleged that the impugned order has not been signed by any other Member except the President. Hence, it is not legal order in the eyes of law. It is further submitted that the President had passed the order without affording an opportunity to the appellant to leave evidence on the contentious issue. We have heard the learned Counsel for the respondent and have gone through the record as well the order of the District Forum.

We have seen the original order on the file of the District Forum at page 31 of the file. The order has only been signed by the President. Even the name of the other two Members is not mentioned either at the end of the order or in its heading. We do not know as to how in the certified copy, which is placed on the file, the names of the Members have been mentioned at the top. The order dated 30.10.1998 of the District Forum is thus not passed in accordance with the specific provision of the Consumer Protection Act, 1986/Consumer Protection (Punjab) Rules, 1987.

IT will be relevant to reproduce relevant portion of Section 14 of the Consumer Protection Act, 1986 : "2-A. Every order made by the District Forum under Sub-section (1) shall be signed by its President and the Member or Members who conducted the proceedings;"

Section 2-A of the Consumer Protection Act, 1986 specifically provides that every order made by the District Forum under Sub-section (1) shall be signed by its President and Member or Members who conducted the proceeding.

SUB-rule (10) of Rule 4 of the Consumer Protection (Punjab) Rules, 1987 reads as under : "Order of the District Forum shall be signed and dated by the Members of the District Forum constituting the Bench and shall be communicated to the parties free of charges." Sub-rule (10) of Rule 4 of the Consumer Protection (Punjab) Rules, 1987 also provides that order of the District Forum shall be signed and dated by the Members of the District Forum constituting the Bench. First of all, the original order does not show as to whether besides the President, other Members were present in the proceeding or not. If we take up from the copy of the order, which has been produced in the appeal, then presence of the two Members is shown. But the order is signed only by the President and not any other Member. In any case, the order dated 30.10.1998 of the District Forum is against specific provisions of the Act and Rules and is without jurisdiction. Resultantly, order dated 30.10.1998 of the District Forum is set-aside and the appeal is allowed, however without any order as to costs. The case is, thus, remanded back to the District Forum for fresh decision in accordance with the law. District Forum shall afford opportunity to the parties concerned to put up their case before it. Appeal allowed. Copy of the order along with District Forum''s record be sent there promptly. Appeal allowed.