State Consumer Disputes Redressal Commission
The District Manager ,Maharashtra ... vs Shripati Dadarao Raut,Dist. ... on 16 April, 2010
STATE CONSUMER DISPUTE REDRESSAL COMMISSION, STATE CONSUMER DISPUTE REDRESSAL COMMISSION, MUMBAI, CIRCUIT BENCH AT AURANGABAD. Date of filing : 22.06.2006 Date of Order : 16.04.2010 (1) FIRST APPEAL NO. 1167 OF 2006 IN COMPLAINT CASE NO. 111 OF 2005 DISTRICT CONSUMER FORUM: OSMANABAD. The District Manager, Maharashtra State Seeds Corporation Ltd. Osmanabad. Appellant -VERSUS- 1.
Shripati Dadarao Raut R/o. Wathvada, Tal. Kalamb, Dist. Osmanabad.
2. M/s. Kisan Krishi Seva Kendra Murud, Tal. Dist. Latur. Respondents (2) FIRST APPEAL NO. 1168 OF 2006 IN COMPLAINT CASE NO. 139 OF 2005 DISTRICT CONSUMER FORUM: OSMANABAD.
The District Manager, Maharashtra State Seeds Corporation Ltd.
Osmanabad. Appellant
-VERSUS-
1. Sudhakar Chhaburao Tekale R/o. Wathvada, Tal. Kalamb, Dist. Osmanabad.
2. M/s. Kisan Krishi Seva Kendra Murud, Tal. Dist. Latur. Respondents (3) FIRST APPEAL NO. 1169 OF 2006 IN COMPLAINT CASE NO. 140 OF 2007 DISTRICT CONSUMER FORUM: OSMANABAD.
The District Manager, Maharashtra State Seeds Corporation Ltd.
Osmanabad. Appellant
-VERSUS-
1. Kishor Haribhau Chavan, R/o. Wathvada, Tal. Kalamb, Dist. Osmanabad.
2. M/s. Kisan Krishi Seva Kendra Murud, Tal. Dist. Latur. Respondents (4) FIRST APPEAL NO. 1170 OF 2006 IN COMPLAINT CASE NO. 141 OF 2005 DISTRICT CONSUMER FORUM: OSMANABAD.
The District Manager, Maharashtra State Seeds Corporation Ltd.
Osmanabad. Appellant
-VERSUS-
1. Mr. Vishwanath Ranba Ingle R/o. Wathvada, Tal. Kalamb, Dist. Osmanabad.
2. M/s. Kisan Krishi Seva Kendra Murud, Tal. Dist. Latur. Respondents (5) FIRST APPEAL NO. 1171 OF 2006 IN COMPLAINT CASE NO. 148 OF 2005 DISTRICT CONSUMER FORUM: OSMANABAD.
The District Manager, Maharashtra State Seeds Corporation Ltd.
Osmanabad. Appellant
-VERSUS-
1. Banshi Vyankatrao Tekale, R/o. Wathvada, Tal. Kalamb, Dist. Osmanabad.
2. M/s. Kisan Krishi Seva Kendra Murud, Tal. Dist. Latur. Respondents (6) FIRST APPEAL NO. 1172 OF 2006 IN COMPLAINT CASE NO. 189 OF 2005 DISTRICT CONSUMER FORUM: OSMANABAD.
The District Manager, Maharashtra State Seeds Corporation Ltd.
Osmanabad. Appellant
-VERSUS-
1. Sopan Narayan Vyanjane, R/o. Wathvada, Tal. Kalamb, Dist. Osmanabad.
2. M/s. Kisan Krishi Seva Kendra Murud, Tal. Dist. Latur. Respondents Coram : Shri.S.G.Deshmukh, Hon`ble Judicial Member.
Mrs. Uma S.Bora, Hon`ble Member.
Present: Adv. Shri. D. S. Kulkarni, for appellant.
Adv. Shri. V. M. Mane, for respondent No.1 in A-1167, 1169, 1170 & 1172 of 2006.
Adv. Shri. T. G. Gaikwad, for respondent No.1 in A-1168 & A-1171 of 2006. None for the respondent No.2.
::
ORAL ORDER ::
Per Shri S.G.Deshmukh, Hon`ble Presiding Judicial Member
1. These appeals have been filed by the Maharashtra State Seeds Corporation Limited, Osmanabad against the common judgment and order dated 17.08.2005 in complaint case No.138, 139, 140, 141, 148 and 149 of 2005 passed by District Consumer Forum, Osmanabad.
2. The Forum allowed the complaints and directed the present appellant to pay the respective compensation along with the cost.
3. Notices were issued to the appellant as well as the respondents. Learned counsel Shri. D. S. Kulkarni, appeared for the appellant and Shri. V. M. Mane, appeared for respondent No.1 in A-1167, 1169, 1170 and 1172 of 2006 and Shri. T. G. Gaikwad, appeared for respondent No.1 in A-1168 & 1171 of 2006. None appeared for the respondent No.2. While hearing the matter the learned counsel for the appellant brought to our notice that, the judgment has been signed by one Member and the President whereas the complaints have been conducted by two members and the President. Thus, he submitted that the judgment is not the judgment in the eye of law.
4. We perused the papers. On perusal of papers it reveals that, the complaints have been conducted by the President and two Members of the Forum, whereas the common judgment has been signed by the one member and the President. As the complaints have been conducted by two members and the President the judgment ought to have been signed by the two members and the President. In the circumstances, the judgment in question can not be said to be the judgment as per law.
Sec. 14 (2-A) of C.P. Act runs as follow:
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 proceeding:
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.
7. In the instant case, the proceedings have been conducted by the President and two members and the judgment have been signed by the President and one member. The judgments is not judgment in the eye of law as per Sec. 14 (2-A) of C. P. Act.
On this point we are inclined to set aside the order. We pass the following order.
* O R D E R *
1. All the appeals are allowed.
2. The judgment and order passed by the Forum is hereby quashed and set aside. Forum is to dispose the complaints on merit according to law.
3. Parties to appear before the Forum on 11.06.2010.
4. Appellants are at liberty to withdraw the amount deposited in the Forum.
(Mrs. Uma S. Bora) (S. G. Deshmukh) Member Presiding Judicial Member Kalyankar