M.P.RAJYA VIDYUT MANDAL vs UNICAL PESTICIDES (P) LTD.

THIS is a revision against the order dated 13.11.2002 passed in Case No. 62 of 2002 by the District Consumer Disputes Redressal Forum, Vidisha (for short the ''District Forum'') where in an application for transfer of the case was dismissed observing that the learned Member Shri Shashank Bhargava who is the Director of the complainant company, will not conduct the proceedings.

AFTER hearing learned Counsel for the parties we are of the opinion that at the initial stage when the complaint was presented, Shri Shashank Bhargava ought not to have participated in the conduction of the proceedings to admit the complaint. However, on the objection, the District Forum ordered that henceforth the learned Member shall not participate in the conduction of the proceedings of the case, hence, rejected the application. True, a complainant is arbiter litis or dominus litis and has a right to choose any Forum the law allows him. As a general rule, the case should not be transferred merely on the apprehension of a party as transfer of the case from one Court to another is a serious matter which should not be done without a proper and sufficient cause.

In the present case the applicant has not filed application for transfer on the ground of any doubt on integrity or incompetence of the President of the District Forum or any Member of the Forum. With great respect to the learned President and the learned Members, the applicant has made a submission that Shri Shashank Bhargava is the Member of the Forum which gives reasonable apprehension in the mind of the applicant that the applicant will not get a fair trial. Even that may not be so, in our opinion, in the circumstances, the interest of justice, warrant that the case should be transferred from the District Forum, Vidisha on the maxim justice should not only be done but seen to be done on basic rule of law as credibility in the functioning of the justice delivery system and the reasonable perception of the affected parties are relevant considerations to ensure the continuance of public confidence in the credibility and impartiality of the judiciary.

IN view of the above, we direct the District Forum, Vidisha to transmit the record of the case to the District Forum, Bhopal which shall decide the case within a period of 90 days from the date of appearance of the parties which is fixed as 10th March, 2003 for appearance of the parties before the District Forum, Bhopal of which no notice shall be issued to the parties as they have been noticed here through their Counsel. On the date so fixed, the applicant shall file his defence version. In the result, the revision is allowed. The Complaint Case No. 62 of 2002 is ordered to be transferred from the District Forum, Vidisha to the District Forum, Bhopal. The District Forum, Vidisha shall transmit the record of the case expeditiously so as to reach on or before 10th March, 2002. A copy of this order be conveyed to the parties and a copy be sent to the District Forum along with the record of the case. Revision allowed.