(1.) WHETHER an order passed by the President of the State Consumer Protection Commission constituted under Jammu and Kashmir Consumer Protection Act of 1997 (hereinafter referred to as 1987 Act) and one or its members is a valid order of the State Commission when the Commission consists of three members is a question which stands referred to this Bench,
(2.) THE circumstances under which this reference came to be made by noticed:
(3.) IT be seen that at the time when the appeal was preferred, it could be heard by a Single Bench. When the matter came up for hearing before the learned Single Judge of this Court, an objection was raised. This was to the effect that the State Commission consisted of three members i.e. the President and the two members and as the final order was not singed by all three members, therefore, the order under appeal is liable to be quashed for this reason alone. It was urged that a final order which is signed by the President of the State Commission and by one of its member, it not an order of Commission. The learned Judge Prima -facie fund substance in the submission of the appellant. On 19th June 1996, a question of law come to be formulated. This is as under -" Whether it is necessary in view of Section 14 reads with Section 12(2) of the J&K Consumer Protection Act, 1987, that the Chairman and all Members of the Commission should sign the orders passed by it in a complaint preferred before it.
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