JUDGMENT - V. BALAKRISHNA ERADI, PRESIDENT. :---This appeal is preferred by the appellant, A.K. Lal Gupta, seeking to set aside the order of the State Consumer Disputes Redressal Commission, West Bengal, passed in S.C. Case No. 915/92 on its file, in so far as it has denied to the Complainant, the full extent of relief that is sought for by him from the State Commission. On its being found on a perusal of the papers available in the paper book that the certified copy of the order of the State Commission produced by the appellant had been signed only by two Members of the State Commission and not also by its President, this Commission, by order dated 5-11-1996, called for a report from the State Commission. West Bengal as to whether Justice (Mrs.) Jyothirmayee Nag whose name was shown in the cause title of the order as being the President of the State Commission, when the order was passed was a Member of the Bench who heard the case and, if so, whether she had actually signed the order. The State Commission has submitted a reply dated 13-2-1997 stating that Justice (Mrs.) Jyothirmayee Nag was holding the office of the President of the State Commission, West Bengal on 23-12-1993, the date of passing of the impugned order and she had participated in the hearing held by the State Commission on that date when the case was disposed of by it but the original order dated 23-12-1993 passed in the case by the State Commission is not seen to have been signed by Justice (Mrs.) Jyothirmayee Nag. 2.Such being the factual position reported by the State Commission, we are constrained to set aside the impugned order on the ground that it was not passed in conformity with the requirements of section 14(2-A) of the Consumer Protection Act read with section 18 which mandatorily requires every order of the District Forum or the State Commission shall be signed by the President and the Member or Members who conducted the proceeding. Accordingly, we remand the case to the State Commission for de novo disposal in accordance with law after hearing both sides. The parties shall appear before the State Commission, West Bengal on 15-5-1997 to take orders from the State Commission as to the date on which it would find it convenient to fix a date for re-hearing of the case.
Accordingly, we remand the case to the State Commission for de novo disposal in accordance with law after hearing both sides. The parties shall appear before the State Commission, West Bengal on 15-5-1997 to take orders from the State Commission as to the date on which it would find it convenient to fix a date for re-hearing of the case. The appeal is allowed to the extent indicated above. No costs. Appeal allowed.