COMMISSIONER OF TRANSPORT Vs. Y R GROVER

JUDGEMENT

(1.) IN our opinion the State Commission has acted without jurisdiction in granting permission to the petitioner to institute the complaint petition in a representative capacity 'for the benefit of general public' by invoking the provisions of Order 1 Rule 8, Code of Civil Procedure (CPC). The provisions of Order 1 Rule 8 have not been made applicable to the Consumer Forums under Section 13(4) of the Act nor by the rules framed under the Act. The State Commission was, therefore, in error in permitting the complainant to invoke the provisions of Order 1 Rule 8 for the purpose of enabling him to file the complaint in a representative capacity. The petitioner is an individual. It is seen from the order of the State Commission that the petitioner has made out that he is a consumer having a grievance justiciable under the Act and that he is desirous of instituting an action on behalf of the others who are not known of as certainable who may be similarly situated. The application filed by the complainant was clearly misconceived and should have been rejected by the State Commission. This Revision Petition is allowed and the impugned order of the State Commission is hereby set aside. There will be no order as to costs.