Mr. Justice V. Balakrishna Eradi, President — The proceedings in this case commenced with a complaint filed by the Respondent herein before the District Forum, Bombay, against the General Manager, M.T.N.L. & Anr. claiming compensation for the alleged illegal disconnection of the Complainant’s telephone. The case was disposed of by the District Forum by its Order dated 11.07.1990. The hearing of the case was conducted only by the President of the District Forum sitting alongwith one other Member, the third member of the Forum being absent, there was a difference of opinion between the President and the other Member and they delivered separate divergent judgments in the case. But by invoking sub-Rule 4 of Rule 11 of the Maharashtra Consumer Protection Rules, 1987 the decision of the President which was in favour of the Opposite Party was trearted as the decision of the District Forum.

2. The Complainant took up the matter in an appeal before the State Commission, Bombay. The State Commission without going into the question of legality of the disposal of the matter by 2 Members of the District Forum went into the merits of the appeal petition and set aside the Order of the Preside