STATE COMMISSION DELHI Vs. RAM SINGH PATHAK

JUDGEMENT

(1.) It has been brought to our notice that one of our District Forums, very recently, vide order dated 2.2.1999, passed in Complaint Case No.41/98 - entitled Shri Ram Singh Pathak V/s. Dagar Gas Service and Ors. , has directed the respondents to pay to the complainant a sum of Rs.2,000/- towards damages for mental agony, caused to the complainant and Rs.500/- towards costs. In the above said case, the Monopolies and Restrictive Trade Practices Commission (hereinafter referred to as 'the MRTP Commission') has been arrayed as one of the opposite parties (opposite party No.3 ).

(2.) On coming to know the above facts, this Commission sent for the records of the District Forum, relating to the abovesaid case and perused the same. On a perusal of order dated 2.2.1999, passed in the abovesaid case, it was noticed by this Commission that the operative part of the order of the District Forum directed the respondents, including the MRTP Commission (opposite party No.3) to pay a sum of Rs.2,000/- to the complainant on account of mental agony caused to him together with Rs.500/- on account of cost of litigation.

(3.) In our opinion, the MRTP Commission, in the facts and circumstances of the case, was neither a 'necessary' nor a 'proper party' and prima facie, the District Forum, while passing the abovesaid order. In so far as the MRTP Commission is concerned, had exercised the jurisdiction not vested in it by law and had acted in exercise of its jurisdiction illegally and, with material irregularity.