NATIONAL INSURANCE COMPANY LTD Vs. STATE OF JAHARKHAND

JUDGEMENT

(1.) THE only ground urged by the learned counsel for the petitioner is that as the President of the State Commission has not participated in its proceedings, the order passed by the Commission is not valid.

(2.) LEARNED counsel appearing for the petitioner, referring to Section 14 (2a) of the consumer Protection Act, 1986 (hereinafter referred to as the Act), would submit that every order made by the District Forum under sub-section (1) shall be signed by its president and the member or members who conducted the proceedings and that similarly Section 18 of the Act, which deals with procedure applicable to State Commission, provides that the provisions of Sections 12, 13 and 14 of the Act have to be invoked, while the case is being disposed of by the state Commission.

(3.) ACCORDING to the learned counsel for the petitioner, though the District Forum consisting of its President and Members has given the verdict with reference to the award, the State Commission only consisting of its members has passed the order and not consisting of the President. Therefore, the order passed by the Commission is invalid.