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K.P.SINGHANIA vs B.S.E.S.YAMUNA POWER LTD.

National Consumer Disputes Redressal Commission · Decided on 13 December 2005 · Citation: 2006 2 CPJ 134

HON’BLE JUDGES
J.D.Kapoor , Mahesh Chandra J.
RESULT
Case remanded
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Judgment

4 paragraphs · 204 words
1.

SINCE the impugned order has been passed and signed by two Members only and has not been signed by the President of the District Forum in terms of Section 14 of the Consumer Protection Act, the same is liable to be set aside in view of our judgment in case Appeal No. A-161/2005, M/s. Hutch Essar Telecom Ltd. v. Dr. Shrikant Kaushik, decided on 23.9.2005 as such an order is void ab initio.

2.

APPEAL is allowed and the matter is sent back to the District Forum for being decided on merits in the light of our decision in APPEAL No. A-1054/2002, C.E.D. Limited v. Shri K.K. Kapoor, dated 18.3.2005 where the concept of FAE and DAE was discussed in detail. District Forum shall make endeavour to decide the matter as expeditiously as possible but not later than three months. Party shall appear before the District Forum on 19th January, 2006 for the aforesaid purpose.

Bank Guarantee/FDR, if any furnished by the appellant be returned forthwith.

3.

A copy of this order as per the statutory requirements, be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to Record Room. Case remanded.