RABI LOCHAN MONDAL Vs. STATION SUPERINTENDENT BISHNUPORE

JUDGEMENT

(1.) The instant revisional application has been filed before us for the 3rd time, first time Revision No. S. C.344/8/96 was moved against order of refusal dated 23.5.96 in P. C. No.5/96 to hear any matter in absence of nomination of the 3rd Member to constitute a Bench of the District Forum whereby we had already observed that two Members in absence of 3rd Member can validly hold sitting and validly pass order if the order is passed concurrently but in case of disagreement between two Members difficulty may arise. Accordingly, it was directed to dispose of the complaint-petition within one month. Thereafter, the District Forum heard the matter passed an interim order dated 8.8.96 by which it was directed the complainant to deposit the entire amount of the disputed bill for which second revision registered S. C. Case No.357/r/96 was moved against the said interim order passed by the District Forum, Bankura, whereby the said interim order dated 8.8.96 was set aside by consent of the parties and the case was remanded back to the District Forum with direction to dispose of the complaint case within 15 days as per order dated 27.8.96 of this Commission.

(2.) The instant third revision case has come before against the order dated 19.9.96 passed by the District Forum, Bankura which is same and akin to that of the order dated 23.6.96 to the effect that the matter will be taken up for hearing after nomination of the third Member of the Forum and the same is signed by both the Members. .

(3.) It is surprising to note that the President of the District Forum, Bankura as an ex-officio of a District Judge is the President-Member of the Forum. So atleast we can expect him to have his judicial temperament and judicial competency to understand the provisions of law as well as the order dated 2.8.96 passed in S. C. Caseno.344/ R/96 by this Commission. If the lower Forum does not regard higher authority the District Forum should feel its far reaching effect and consequence in heirarchy of judicial system. To be more specific when the President of the Forum acts as a District Judge and passes any order or decree reversing the order or decree of the lower Subordinate Court and if the lower Subordinate Court in disregard of the order of Superior Court acts otherwise then how rule of law would prevail in the land. We, however, condemn the actions of the learned District Forum, Bakura overthrowing the order of this Commission which is superior Forum than District Forum in the system of Consumer Disputes Redressal Agency.