Per Shri P.N. Kashalkar – Hon’ble Presiding Judicial Member:
None is present for the Appellant as well as for the Respondent.
The Consumer Complaint No.110/1998 filed by the original Complainant has been dismissed on 27.07.2000 by the Consumer Disputes Redressal Forum, District Raigad. The said complaint was heard by the President and two Members. As per the certified copy of the judgement filed along with the Appeal by the Appellant (Complainant himself) judgement is signed by the President - Shri M.B. Khedkar and Shri S.R. Joglekar, Member but another Member Smt.V.V. Bhandari, who heard the complaint had not signed the judgement. Under section 14 of the Consumer Protection Act, 1986, the judgment of the District Forum is required to be signed by the President and Members sitting with the President who heard the matter. As is clear from the certified copy of the judgement, on 22.07.2000 President was Shri Khedkar and along with him two members were sitting on the Bench, one was Shri S.R. Joglekar and another was Smt.V.V. Bhandari. However, the jdugement which is placed on record is signed by the President and one Member Shri Joglekar only and second member Smt.V.V. Bhandari had not put her signature on the jdugement. This legal infirmity prompts us to allow this appeal and send this matter back to District Forum for fresh disposal in accordance with the law. Hence, we pass the following order:
O R D E R
(i) Appeal is allowed.
(ii) The judgement of dismissal of complaint dated 27/07/2000 passed by the District Forum is quashed and set aside and complaint is remitted back to District Forum, Raigad for fresh disposal in accordance with the law in the light of the observations made above by us.
(iii) After receipt of the order from this Commission, the District Forum shall issue notice to both the parties and then after hearing both the parties decide the complaint afresh.
(iv) No order as to costs.
(v) Inform the parties accordingly.
Pronounced on 1st August, 2011.
