SANTOSH KUMAR BHATTACHARJEE Vs. PRESIDENT CALCUTTA DISTRICT FORUM

JUDGEMENT

(1.) TWO issues arise for determination in this writ application. The first issue which is off general import is whether a single member can discharge the Functions of the District Forum which under the provisions of Section 10 of the Consumer Protection Act 1986 (referred to as the Act) is required to be composed of three members. The second issue relates to the particular facts of this case viz. , whether the District Forum had acted in consonance with the provisions of the act.

(2.) THE facts of the case are not in dispute. The petitioners number I and 2 are the owners of premises No. 128/20 Hazra Road (referred to as the premises ). It is admitted by the petitioners that some of these respondents are tenants under the petitioners. Disputes arose between the petitioners and the respondents No. 5 to 10 as to the supply of filtered water. In fact the respondents No. 5 to 10 had complained to the Executive Engineer. Water Supply (Central), Calcutta Municipal Corporation in this regard.

(3.) ON 22nd January 1991 the respondents no. 5 to 10 wrote a letter to the respondent no. 1 in which they complained that they were not being supplied with water in the premises. The letter further requested the respondent no. 1 " to look into this matter and issue necessary order or orders to our Landlord mr. S. K. Bhattacharjee and Miss Namita Sanyal both of 128/21, Hazra Road, calcutta 700 026 to provide us with the necessary water".