LAWS(JHAR)-2002-2-147

AGRICULTURAL PRODUCE MARKET COMMITTEE, DHANBAD & ANOTHER (IN 590), RAJ STORE AND ORS. (IN 7970), M/S. TILAKRAJ CHHABRA AND ORS. (IN 799), SHANKAR LAI AGARWAL AND ORS. (IN 6) Vs. M/S. JAGDISH SINGH & SONS AND ORS. (IN 590), JHARKHAND STATE AGRICULTURAL MARKETING BOARD AND ORS. (IN 797, 6), STATE OF JHARKHAND BIHAR STATE AGRICULTURAL MARKETING BOARD, PATNA AND ORS. (IN 799)

Decided On February 14, 2002
CONSUMER EDUCATION AND RESEARCH SOCIETY Appellant
V/S
AHMEDABAD MUNICIPAL CORPORATION Respondents

JUDGEMENT

(1.) Leave granted.

(2.) The Consumer Education and Research society of Ahmedabad which is stated to be a voluntary consumer association registered under the Companies Act, 1956 functioning at Ahmedabad and three other persons have filed these appeals assailing the order of the National Consumer disputes Redressal Commission (hereinafter referred to as "national Commission") in original petition nos. 125-126 of 1994 dismissing the original petitions in limine. The order reads as follows :

(3.) The main thrust of the contentions of the learned counsel appearing for the appellants is that on the facts and circumstances of the cases, the National Commission erred in dismissing the original petition without giving any reason and without discussing the case of the parties. Elucidating the contention, the learned counsel for the appellant drew our attention to the order passed by the National Commission in original petition no. 26/89 which was filed by this very society, appellant no. 1 herein, and some others against the Ahmedabad municipal Corporation, respondent no. 1 herein and some other, relating to the deficiency in supply of drinking water to the residents of the city. The National Commission in its order dated 6.4.1990 made certain observation and issued certain instructions to be carried out by the municipal corporation to prevent water borne diseases before onset of monsoon. In the said order, it was stated that the National Commission heard the advocate general appearing for the state of Gujarat. In the concluding portion of the order, the National Commission observed :