Andhra HC (Pre-Telangana)
Sudha Industries, Dall Mill Owner And ... vs Ist Additional District And Sessions ... on 5 September, 1991
Equivalent citations: 1992(1)ALT62
ORDER M.N. Rao, J.
1. As all these writ petitions are inter-connected they are disposed of by this Common Order.
2. In all these writ petitions ex-parte inter locutory orders were passed by the Additional District Judge, Karimnagar, who at the relevant time was functioning as the president of the District Forum, Karimnagar, under the Consumer Protection Act, 1986. In each of these cases, attachment before judgment under Order 38 Rule 5 C.P.C. was passed by the District Forum. Challenging the legality of the same the present writ petitions were filed.
3. The learned counsel for the petitioner contends that the District Judge is the president of the Forum under the Act and the Additional District Judge has no jurisdiction and on this ground the orders must be set aside. The second contention advanced is that the nature of the dispute is outside the purview of the Act and therefore, there being no consumer dispute, the District Forum has no jurisdiction.
4. So far as the second point is concerned we do not want to express any opinion for the reason that these writ petitions were filed against ex-parte interlocutory orders. The president of the District Forum being senior judicial officer well instructed in law, is competent to go into all the questions including the question of jurisdiction, as to whether or not the dispute before the Forum is a consumer dispute.
5. As regards the first contention, we are unable to agree with the learned counsel for the petitioner.
6. Section 10 of the Consumer Protection Act, 1986 deals with composition of the District Forum and Sub-section (1) of Section 10, which is relevant reads as follows:
(1) Each District Forum shall consist of-----------
(a) a person who is, or has been, or is qualified to be a District Judge to be nominated by the State Government, to be its president;
(b) a person of eminence in the field of education, trade or commerce;
(c) a lady social worker.
7. It will be observed that the District Judge is not appointed statutorily as 'President of the Forum Persona Grata Clause (a) of Sub-section (1) of Section 10 in Specific terms confers power on the State Government to nominate a person to be the President of the District Forum if " he is, or has been, or is qualified to be a District Judge". It is misnomer therefore, the think that every District Judge automatically becomes the President of the District Forum in the absence of nomination to that effect by the State Government.
8. The State Government made rules entitled "The Andhra Pradesh State Consumer Protection Rules, 1987", in G.O.Ms.No. 473, Food and Agriculture (CS.III) dt. 2.9.1987. Sub-rules (7) and (8) which were inserted in Rule 3 by G.O.Ms.No. 794 dated 12-10-1988, read as follows:-
"(7) Where any vacancy occurs in the office of the president of the District Forum, the Additional District Judge in District and Additional Chief Judge, City Civil Court in Hyderabad shall discharge the functions of the president until the new incumbent assumes the office of the president of the District Forum.
(8) When the president of the District Forum is unable to discharge the functions owing to absence, vacation, illness or any other cause the Additional District Judge in District and Additional Chief Judge in City Civil Court in Hyderabad, shall discharge the functions of the president until the new incumbent assumes the office of the President of the District Forum",
9. It is not in dispute that the notification issued by the State Government specified the District Judge of each District to be the President of the District Forum. By virtue of Sub-rules (7) and (8) of Rule 3, in the event of there being no District Judge either because of vacancy in the office or the incumbent availing of leave or away from the headquarters on official duty, the Additional District Judge, shall discharge the functions of the president of the District Forum. It must be noticed in this context that the Additional District Judge of a district also is District and Sessions Judge, Grade II, who is designated as Additional District Judge, in view of the fact that he is junior to the Principal District and Sessions Judge. When the Additional District & Sessions Judge is also a District and Sessions Judge and having regard to the clear language of Sub-rules (7) and (8) and Rule 3, his discharging the functions of the president of the District Forum cannot in any manner be faulted.
10. For the above reasons, the writ petitions are disposed of with the following directions:
It is open to the common petitioner in all the writ petitions to raise all legal pleas including the questions that the dispute before the Forum is not Consumer dispute and whether the District Forum in exercise of its powers can invoke the provisions of Order 38 Rule 5 C.P.C. The District Forum shall consider all the pleas raised by the petitioner, in particular the above two objections, as expeditiously as possible and dispose of the matter in accordance with law. Status-quo obtaining as on today will continue for a period of three weeks. No costs. Advocate's fee Rs. 250/-in each.