LAWS(NCD)-2003-1-175

IN THE MATTER OF : AUTHORISED REPRESENTATIVE OF THE PARTIES Vs. THE REGISTRAR TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION

Decided On January 02, 2003
In The Matter Of : Authorised Representative Of The Parties Appellant
V/S
The Registrar Tamil Nadu State Consumer Disputes Redressal Commission Respondents

JUDGEMENT

(1.) It is the normal practice to record appreciation of the assistance rendered by the amicus curiae at the close of the order. In the present case, however, we make a departure. We record our appreciation of the able assistance rendered by Mr. Gopal Subramaniam, Senior Advocate which has benefited us in writing this order. This Commission is grateful to him for the deep study he made on the subject and presented all the points with clarity and with his usual lucid manner. We also record our appreciation of the assistance rendered by Mr. Dayan Krishnan, Ms. Sonia Sharma and Ms. Astha Tyagi who were appointed amicus curiae to assist Mr. Gopal Subramaniam. It was gracious of Gopal Subramaniam to say that but for the research made by the assisting Counsel he would not have been able to present his arguments.

(2.) We suo motu issued notice in the matter of Authorised Representative being Revision Petition No. 1017/2002 and for that we recorded our order on 14.6.2002 which gives indicated of the issues involved in the case, and we quote :

(3.) We have heard arguments in considerable detail addressed by various Counsel and voluntary consumer organizations. Principal arguments have been addressed no doubt by Mr. Gopal Subramaniam. He referred to the preamble of the Consumer Protection Act, 1986 ('Act' for short) and other provisions in this Act and various other laws which find mention in the impunged order.*" During the course of arguments we have been referred to various decisions of the Madras High Court in the case of Thayaramma N. Kuppuswamy Naidu, AIR 1937 Mad 937, Bombay High Court in the case of Madura Coats Vs. S. L. Mehendle, (1998)1 CLR 199 and of the Supreme Court in the case of T. C. Mathai Vs. District and Sessions Judge, (1999)3 SCC 614 on order III of the Code of Civil Procedure and to the speech of the Minister of Parliamentary * "Consumer Protection Act to provide for better protection of the interests of consumers and for that purpose to make provision for the establishment of consumer councils and other authorities for the settlement of consumers' disputes and for matters connected therewith. Reference has been made to definitions of 'complainant', complaint', 'consumer', 'consumer dispute' 'person, and prescribed1 as appearing in Sec. (2) of the Act, Sections 3, 12 and 30.