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2017 Supreme(J&K) 126

SANJEEV KUMAR
Sohan Lal Ganjoo – Appellant
Versus
State of J&K – Respondent


Advocates Appeared:
For the Petitioners: Mr. Baldev Singh
For the Respondents: Mr. N.A. Choudhary

JUDGMENT :

1. A short but interesting question of law calls for determination in this case. Case of the petitioner, in short, is that he filed a complaint before the Jammu and Kashmir State Consumers Dispute Redressal Commission (hereinafter called “the State Commission”) against respondent No. 2 for deficiency in service. It is claimed that at the time when the complaint was filed, the State Commission was functioning only by one member and there was no President or second member appointed. It is submitted that in absence of the State Commission having been validly constituted, single member could not have exercised the powers and jurisdiction of State Commission and, therefore, the order impugned passed by the aforesaid member is nullity and without jurisdiction.

2. With a view to examine the question of law, as is fallen for consideration and determination, it would be appropriate to take note of some salient provisions of the Jammu and Kashmir Consumers Protection Act, 1987 (hereinafter called “the Act”). The “State Commission” is defined under Section 2 (p) of the Act, which for facility of reference is reproduced hereunder:-

“2 (p) “State Commission” means a Consumer Disputes Re
























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