ORDER NO. 3 DT. 6.1.11

HON’BLE JUSTICE MR. P.K.SAMANTA, PRESIDENT

Appellant through Mr. P.K.Basu, Respondent No. 1 through Mr. A.K.Gayen and Respondent Nos. 2, 3, 4 & 5 through Mr. Subhendra Mohan Roy, Ld. Advocates, are present.  Heard both sides in full.  Judgement is passed as under :-

This Appeal is by the OP Nos. 5 & 6 against the judgement and order dt. 29.6.10 passed by Consumer Disputes Redressal Forum, Unit-I, Kolkata, in CDF/Unit-I/Case No. 481/2003.  Without going into the merits of the Appeal the same can be disposed of on a preliminary point.  It is not in dispute that the aforesaid judgement and order dt. 29.6.10 has been passed by all three Members of the District Forum even though one of the Members had not been present on the very date on which the above complaint case was finally argued on merits by the respective counsels of the parties.  Since the absentee Member of the Forum is a signatory to the above judgement, so it cannot be said that the said Member’s opinion has also not influenced the aforesaid judgement.  The said absentee Member cannot form an opinion on the merits of the complaint case without being a party to the Bench which heard the arguments finally on merits.  On such ground the judgement and order dt. 29.6.10 as passed in the above complaint case is set aside.  The same is remanded back to the CDF Unit-I for fresh disposal on merits expeditiously and preferably by 60 days from the date of communication of this order.