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2001 DIGILAW 862 (ALL)

SANT SARAN SINHA v. UNION OF INDIA

2001-08-29

SUDHIR NARAIN, V.M.SAHAI

body2001
SUDHIR NARAIN, V. M. SAHAI, JJ. ( 1 ) THE petitioner has challenged the order dated 20. 6. 2001 passed by the President. Uttar Pradesh state Consumer Disputes Redressal Commission, Lucknow, respondent No. 2 under the provisions of Consumer Protection Act, 1986 (in short the act ). ( 2 ) BRIEFLY, stated the facts are that the petitioner made a complaint before the District Consumer forum, Varanasi, in respect of the telephone bills. The matter was heard by the President and the other two members of the District Consumer Forum, Varanasi. The President, District Consumer forum, Varanasi, allowed the claim petition filed by the petitioner but the two members of the forum arrayed as respondent Nos. 4 and 5 in this petition dismissed the petition. ( 3 ) THE contention of the petitioner is that if two members differ on any point, they shall state the point or points on which they differ and refer the matter to the other member for hearing on such point or points and the opinion of the majority shall be the order of the District Forum as provided under the proviso to Sub-section (2a) of Section 14 of the Act but the President of the state Commission in contravention of this provision issued an order that as there is no unanimity amongst the members of the District Consumer Forum. Varanasi, the Members and the president, shall write separate judgments. ( 4 ) SECTION 14 (2a) of the Act reads under : "every order made by the District Forum under Sub-section (1) shall be signed by its President and the member or members who conducted the proceedings : provided that where the proceeding is conducted by the President and one member and they differ on any point or points, they shall state the point or points on which they differ and refer the same to the other member for hearing on such point or points and the opinion of the majority shall be the order of the District Forum. " ( 5 ) SUB-SECTION (2a) of the Act is applicable when two members of the District Consumer Forum hear the matter and both of them differ on a point or points, then the matter shall be referred to the third member for his opinion but in case three members of the District Consumer Forum have heard the matter, each of them can write separate judgment giving his opinion. In both the cases, the decision will be of the majority. The order issued by the President, State Commission is not, in any way, against the provisions of Sub-section (2a) of Section 14 of the Act. ( 6 ) THERE is no merit in the writ petition and it is accordingly, dismissed. .