S.S.SUBRAMANI
Ramaniyam Real Estates Ltd. – Appellant
Versus
Triveni Apartments Owners Welfare Association – Respondent
In all these revisions, a common question arises, i.e. whether the District Consumer Forum and a State Consumer Forum has powers to issue a commission to make a local inspection. In all these cases, the Consumer Forum has appointed a Commissioner and asked for the report.
2. According to the petitioner, the order of the Forum is one without jurisdiction and therefore under Art. 227 of the Constitution of India, the same is liable to be quashed. The argument is that the Forum itself is a creation of the Statute and when the Statute gives the powers anything which is not provided under the Statute cannot be allowed by the Consumer Forum. In this case, the issuance of the Commission is not provided under the Statute and therefore, it is one without jurisdiction.
3. As against the said contention, the complainants before the Consumer Forum who is the respondent herein contended that the Consumer Forum has been specially enacted for speedy disposal of cases and it is an additional remedy provided for an aggrieved person. It is a Judicial Tribunal having trappings of Court and since it decides the rights of the parties it has also power to take evidence. The issuance of Commiss
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