DINESH CHANDRA DUBE Vs. R K VARMA

JUDGEMENT

(1.) This Miscellaneous Petition arises out of an order passed by the President, District Consumer Disputes Redressal Forum, Rewa on 3.1.1994.

(2.) The Complainant filed a complaint before the District Consumer Disputes Redressal Forum at Rewa. Without following the procedure prescribed by Sec.13 of the Consumer Protection Act, 1986 , hereinafter referred to as the Act and the rules framed there under, instead of convening a meeting of the Forum for hearing the complaint, the President himself chose to hear the learned Counsel for the Complainant and pass an order that as the Complainant was serving as Additional District Judge at Rewa, an official subordinate to him, it would be proper if the complaint was transferred to another District Forum for disposal. The President, accordingly has referred the matter to the State Commission for passing appropriate orders.

(3.) We have perused the record of the case. We regret to note that the learned President of the District Forum has ignored the provisions of Sec.13 and Sec.14 (2) of the Act and the rules framed under the Act. On receipt of a complaint, the District Forum consisting of the President and the Members, has to follow the procedure prescribed by Sec.13 of the Act and pass appropriate orders. Rule 4 (2) of the M. P. Consumer Protection Rules, 1987 lays down that sitting of the District Forum, as and when necessary shall be convened by the President. Thereafter the District Forum and not the President alone has to dispose of the complaint. However, in the instant case, instead of convening a meeting of the Forum for hearing the complaint by the President and the Members of the Fourm, the President thought it fit to hear the matter himself and pass orders. Moreover, the fact that Complainant happens to be an Additional District Judge posted Rewa cannot be a ground for not disposing of the complaint in accordance with law. In any event this question has to be decided by the District Forum and not by the President alone.