POST MASTER, HEAD POST OFFICE vs S.C. SINGHAL

THE opposite parties-appellants question the legality and correctness of the order dated 22.7.92 passed by the District Forum, Jhunjhunu in Complaint Case No. 156/92. In view of the conclusion to which we have arrived at after hearing the learned Counsel for the appellant, it is not necessary for us to give a detailed resume of facts leading to this appeal. Suffice it to state that the District Forum, Jhunjhunu by the impugned order awarded compensation to the tune of Rs. 500/- for mental agony caused to the complainant respondent and further directed to pay Rs. 51/- with interest @ 12% p.a. Against that the opposite parties appellants have filed its appeal.

WE heard Shri K.N. Shrimal, learned Counsel for the appellant as nobody has appeared on behalf of the respondent despite service of notice. Shri Shrimal urged that the order under appeal is invalid and it is a nullity in law, for, it has been passed by the two members of the District Forum, Jhunjhunu. Sec. 14(2) of the Consumer Protection Act, 1986 ("the Act" herein) is as follows. "Every proceeding referred to in Sub-section (1) shall be conducted by the President of the District Forum and at least one member thereof sitting together".

It will be relevant to consider Sub-section (2A) also which is as follows:- "(2A)" 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 proceeding: Provided that where the proceeding is conducted by the President and one member and they differ on any point or points, they shall state the point or points on which they differ and refer the same to the other member for hearing on such point or points and such point or points shall be decided according to the opinion of that other member." The complaint in this case was filed by Shri S.C. Singhal against the opposite parties-appellants. At the relevant time, he was the President of the District Forum. He is still working as the President of the District Forum. A perusal of the order sheet dated 1.5.92 of the District Forum shows that one member has written in it that the hearing of the complaint is being conducted by the members and it is not conducted by the President and therefore the question of transferring it does not arise. It was also incorporated in the order sheet that the opposite parties are free to take steps for the transfer of the complaint. Thereafter one member heard the arguments on 9.6.92 and the two members passed the order under appeal. In view of the provisions contained in Sec. 14(2) of the Act, the two members of the District Forum lacked jurisdiction in regard to the conducting of the proceedings of the complaint and rendering the decision thereof. It is firmly established by the decisions of the National Commission as well as the State Commission of Rajasthan that an order if passed by the two members without the President, is illegal and invalid. If the President of the District Forum was the complainant, he should have moved for the transfer of the complaint to the State Commission and to obtain orders from it. It is strange that a single member of the District Forum has stated in the order sheet dated 1.5.92 that the question of transfer of the complaint does not arise, for it is being tried by the members. The learned Member lost sight of the provisions contained in Sec. 14(2) of the Act. As the order passed by the two Members is without jurisdiction, there is no alternative but to set aside the order dated 22.7.92.

The result is that the appeal is allowed and the order dated 22.7.92 passed in Complaint Case No. 156/92 by the District Forum, Jhunjhunu is set aside. The complaint is remanded to the District Forum, Jhunjhunu with a direction that it should take the complaint on its file. Mr. S.C. Singhal who is the complainant is still working as President of the District Forum, Jhunjhunu and as no proceedings in a complaint can be conducted without a President as envisaged by Sec. 14(2) of the Act, it has become necessary to transfer the complaint to any other District Forum of Rajasthan for trial and disposal. The aforesaid complaint is withdrawn from the District Forum, Jhunjhunu and it is transferred to the District Forum, Sikar for trial and disposal. The District Forum, Sikar will keep in view the observations made hereinabove while disposing of the complaint.

THE appeal is allowed and the case is remanded. THE complaint is withdrawn from the District Forum, Jhunjhunu and it is transferred to the District Forum, Sikar for trial and disposal in accordance with law. Appeal allowed.