KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
VAZHUTHACAUD, THIRUVANANTHAPURAM
REVISION PETITION No. 13/2019
ORDER DATED: 03.08.2022
(Against the Order in C.C. 287/2019 of CDRF, Thrissur)
PRESENT:
HON’BLE JUSTICE SRI. K. SURENDRA MOHAN : PRESIDENT
SRI.T.S.P. MOOSATH : JUDICIAL MEMBER
SRI.RANJIT. R : MEMBER
SMT. BEENA KUMARY. A : MEMBER
SRI. RADHAKRISHNAN K.R. : MEMBER
REVISION PETITIONERS:
- Asianet Satellite Communications Ltd., Registered Office, 2A, 2nd Floor, Leela Info Park, Techno Park, Karyavattom P.O., Kazhakkoottam, Thiruvananthapuram represented by Chief Executive Officer.
- Asianet Digital Network Pvt. Ltd., Registered Office, 2A, 2nd Floor, Leela Info Park, Techno Park, Kazhakkoottam, Karyavattom P.O, Thiruvananthapuram represented by ITS President & COO G. Sankara Narayanan.
- Asianet Satellite Communications Ltd., Registered Office, 2A, 2nd Floor, Leela Info Park, Techno Park, Karyavattom P.O., Kazhakkoottam, Thiruvananthapuram represented by Asianet Cable Service Regional Business Head Mr. Padmakumar.
- Asianet Satellite Communications Ltd., Regional Office, Shoranur Road, Thrissur represented by Asianet Cable Service Regional Business Head Venugopal.
(By Adv. Sreevaraham N.G. Mahesh)
Vs.
RESPONDENTS:
- Chelakkara Press Club, Market Building, Chelakkara represented by its Secretary Stanley K.S., Koovakkad House, Kurumala P.O., Chelakkara, Thrissur-680 586.
- Right Vision Communications Pvt. Ltd. Represented by its Managing Director, Venganellur P.O., Chelakkara, Thrissur-680 586.
ORDER
HON’BLE JUSTICE SRI. K. SURENDRA MOHAN : PRESIDENT
The opposite parties in C.C. No. 287/2019 of the Consumer Disputes Redressal Forum Thrissur (District Forum for short) has filed this revision challenging an order dated 08.05.2019 in I.A. No. 82/2019. As per the said order, the District Forum has restrained the revision petitioners from disconnecting the cable connection involved in this dispute and a consequential direction to provide uninterrupted supply of cable service has also been issued.
2. We have heard Adv. Mahesh who appears for the revision petitioners. Though the counsel has advanced a number of contentions before us regarding the jurisdiction of the District Forum to pass orders relating to a matter that comes within the purview of the Telecom Regulatory Authority of India Act, 2018 as well as the jurisdiction of the Consumer Disputes Redressal Commissions under the Consumer Protection Act, 1986, it is not necessary to consider those aspects in the facts and circumstances of this case. This is for the reason that, the order under revision suffers from a fundamental infirmity that it has been passed by the President of the District Forum, sitting alone. Sec. 14(2A) provides that every order made by the District Forum shall be signed by its President and Member or Members who conducted the proceedings. The import of the provision is that every order of the District Commission shall be passed by the President and at least one Member. The order under revision passed against the mandate of the above provision cannot therefore be sustained.
In the result, this revision petition is allowed. The order dated 08.05.2019 of the Consumer Disputes Redressal Forum, Thrissur in I.A. No. 82/2019 in C.C. No. 287/2019 is set aside. The District Forum shall proceed to consider and dispose of the complaint on merits.
JUSTICE K. SURENDRA MOHAN : PRESIDENT
T.S.P. MOOSATH : JUDICIAL MEMBER
RANJIT. R : MEMBER
BEENA KUMARY. A : MEMBER
RADHAKRISHNAN K.R. : MEMBER
jb
