LAWS(NCD)-1997-8-140

HARYANA URBAN DEVELOPMENT AUTHORITY Vs. SIRI KISHAN

Decided On August 19, 1997
HARYANA URBAN DEVELOPMENT AUTHORITY Appellant
V/S
SIRI KISHAN Respondents

JUDGEMENT

(1.) After hearing the learned Counsel for the petitioner and having gone through the record we find that the impugned order dated 30th January, 1997 has been passed by learned President of the District Forum sitting singly i. e. without associating with him either of the two companion Members. The facts is very well known to the learned President of the District Forum as well as to us that both the companion Members have since completed their terms and their successors were not appointed till 30th January, 1997 when the impugned order was passed. Hence, the order is without jurisdiction being violative of the provision of Sec.14 (2) of the Consumer Protection Act. Consequently, we accept the revision petition, set aside the impugned order and remit the case back to the learned District Forum, Gurgaon for a fresh decision in accordance with law. The petitioner through their learned Counsel is directed to appear before learned District Forum, Gurgaon on 3rd September 1997. Order set aside.