R P SINGH Vs. JANTA STORE

JUDGEMENT

(1.) This appeal has been filed by Sri R. P. Singh who is complainant in Case No.587 of 1991 which is at present pending before District Forum, Lucknow. The appeal arises in the following circumstances.

(2.) The complainant-appellant purchased 2 Kgs. of 'chana Daal' from Janta Stores situated in the office compound of Chhetriya Adhikari, U. P. Khadya Avam Awashyak Wastu Nigam, Lucknow, on September 4, 1989. The 'daal" according to him, was substandard and he made a complaint about it to the Chairman of the Nigam the same day. Thereafter, he filed a complaint before District Forum on September 5, 1989. The District Forum asked him to file an affidavit which he did on December 29, 1989. The complainant asked for compensation in the sum of Rs.5,000/-. The District Forum decided the case by its order dated January 31, 1990 and awarded a sum of Rs.100/- with interest at the rate of 18% per annum from the date of the decision to the date of actual payment.

(3.) Feeling aggrieved by the meagre amount awarded as compensation, the complainant filed Appeal No.114/sc/90 on March 2, 1990. The appeal was rejected ex parte by order dated 21.8.90 for want of prosecution as the appellant could not appear before the State Commission on account of his illness. The application for the restoration of the appeal was also dismissed. The matter was taken to the National Commission by the appellant which remanded the appeal for hearing on merits to the State Commission. When the appeal came up for hearing before the State Commission, after its remand by the National Commission, the appellant made an application for impleadment of two more parties as respondents in the appeal, namely (1) Kraya Adhikari Karyalya (2) Bikarya Adhikari Karyalya. This application was disposed of, along with the appeal itself, by the State Commission on October 24, 1991 inter alia, with the observation "when the appeal came up for hearing the appellant moved an application for impleadment of two parties detailed in the application. "on the application we have heard the parties. Normally such an application should have been moved before D. F. , Lucknow. However, in the interest of justice we accept the prayer of the appellant to implead the said parties by amending the complaint so that they may have an opportunity to contest the case of the complainant. For the reasons stated above, we set aside the order of D. F. , Lucknow dated 31.1.90 in Case No.433 of 1989 and remand the case to D. F. Lucknow for rehearing of the case. Parties are directed to appear before D. F. Lucknow on 25.11.1991. "