IN THE HIGH COURT OF RAJASTHAN
Sandeep Mehta, J.
Divisional Manager NIC Ltd. Jodhpur - Appellant
Vs.
Raj State Cons Disp Red Commi. & Ors. - Respondents
Civil Writ Nos. 2015, 2567, 3191, 5204 of 2017; 4792, 5423 5432 5434 of 2018 & 1972 of 2012
Decided On : 25-10-2018
Consumer Protection Act – Orders passed by State Consumer Disputes Redressal Commission questioning the authority and jurisdiction of a single member of a State Consumer Commission to decide the appeals arising from the orders passed by the District Consumer Redressal Forum – Held, For lawful decision of the cases (appeals or original complaints, as the case may be), the Bench/Benches of the State Commission must be constituted by at least two members of the Commission one of whom may be the President, manifestly, the orders passed by the single member of the State Commission which are assailed in these writ petitions are without jurisdiction and hence, the same cannot be sustained and are thus quashed and set aside – Matters remanded to State Commission, who shall either by itself or through properly constituted Benches, ensure fresh expeditious disposal of the appeals after providing opportunity of hearing to all concerned – Petition disposed of (Para 10, 12)
Facts of the Case:
Orders passed by State Consumer Disputes Redressal Commission questioning the authority and jurisdiction of a single member of a State Consumer Commission to decide the appeals arising from the orders passed by the District Consumer Redressal Forum
Finding of Court:
For lawful decision of the cases (appeals or original complaints, as the case may be), the Bench/Benches of the State Commission must be constituted by at least two members of the Commission one of whom may be the President, manifestly, the orders passed by the single member of the State Commission which are assailed in these writ petitions are without jurisdiction and hence, the same cannot be sustained and are thus quashed and set aside – Matters remanded to State Commission, who shall either by itself or through properly constituted Benches, ensure fresh expeditious disposal of the appeals after providing opportunity of hearing to all concerned.
Sandeep Mehta, J.
In this bunch of writ petitions involving a common controversy, challenge is given to the orders passed by the State Consumer Disputes Redressal Commission Rajasthan questioning the authority and jurisdiction of a single member of a State Consumer Commission to decide the appeals arising from the orders passed by the District Consumer Redressal Forum. The relevant provisions of The Consumer Protection Act which are germane for deciding the controversy presented in these writ petitions are noted hereinbelow for the sake of ready reference:
"Section 2(jj) "member" includes the President and a member of the National Commission or a State Commission or a District Forum, as the case may be;
Section 2(p) "State Commission" means a Consumer Disputes Redressal Commission established in a State under clause (b) of section 9;
Section 9. Establishment of Consumer Disputes Redressal Agencies. - There shall be established for the purposes of this Act, the following agencies, namely:-
(a) …………..
(b) a Consumer Disputes Redressal Commission to be known as the "State Commission" established by the State Government in the State by notification; and
Section 10.(1) The Consumer Commission may summon any person to attend before the Consumer Commission in relation to an investigation being conducted by it and to give evidence or to produce any document in his possession or under the control of such person.
(2) A summons under this section -
(a) shall be in the form prescribed in the Second Schedule; and
(b) may be served by a constable, or a bailiff.
14(2) 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:
Provided that where a member, for any reason, is unable to conduct a proceeding till it is completed, the President and the other member shall continue the proceeding from the stage at which it was last heard by the previous member.
14(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 the opinion of the majority shall be the order of the District Forum.
(3) Subject to the foregoing provisions, the procedure relating to the conduct of the meetings of the District Forum, its sittings and other matters shall be such as may be prescribed by the State Government.
Section 16. Composition of the State Commission.-
(1) Each State Commission shall consist of-
(a) a person who is or has been a Judge of a High Court, appointed by the State Government, who shall be its President: Provided that no appointment under this clause shall be made except after consultation with the Chief Justice of the High Court;
(b) not less than two, and not more than such number of members, as may be prescribed, and one of whom shall be a woman, who shall have the following qualifications, namely:-
(i) be not less than thirty-five years of age;
(ii) possess a bachelor's degree from a recognised university; and
(iii) be persons of ability, integrity and standing, and have adequate knowledge and experience of at least ten years in dealing with problems relating to economics, law, commerce, accountancy, industry, public affairs or administration:
Provided that not more than fifty per cent. of the members shall be from amongst persons having a judicial background.
Explanation. - For the purposes of this clause, the expression "persons having judicial background'' shall mean persons having knowledge and experience for at least a period of ten years as a presiding officer at the district level court or any tribunal at equivalent level:
Provided further that a person shall be disqualified for appointment as a member if he-
(
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