HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

5/21.01.2010.

Appellant through Mr. G. C. Bandyopadhyay, the Ld. Advocate, Respondent No. 1 through Mr. Partha Pratim Dutta, the Ld. Advocate and Respondent No. 2 through Mr. Rajdeep Biswas, the Ld. Advocate are present.  Heard the Ld. Advocate for the Appellant, the Ld. Advocate for the Complainant – Respondent No. 1 and O.P. No. 1 – Respondent No. 2.  Argument was advanced on merit.  But when we perused the record we are surprised to find that the Forum has dealt with the matter in a peculiar way.  Initially repeated adjournments have been granted on various grounds and on various circumstances though consumer fora are required to dispose of the matter expeditiously.  It is unfortunate that merely on filing Hazira and on prayer by one of the parties matter has been adjourned repeatedly.  Order No. 15 dated 04.03.2009 shows that the Complainant – and O.P. No. 2 filed Hazira and both parties were heard and date of was fixed on 17.03.2009 for order.  The signature under the said order shows that only a single Member constituting the Bench passed the said order.  We are surprised how a single Member could hear a complaint finally which ultimately resulted in delivery of judgement on 16.07.2009 as recorded in Order No. 20.  It appears that the said order again has been signed by one of the Members of the Bench and it appears to be by the President.  In any event certainly it is not the same person who heard the matter on 04.03.2009.  In the meantime several dates were fixed when judgement could not be delivered as it was not ready.  We are also unable to accept the aforesaid situation that one single Member will be hearing a matter and thereafter final judgement will be passed under a signature of another Member and the original judgement shows presence of all three Members both at the top of the judgement as also at the end of the judgement.  As we are unable to accept such situation and it is not only irregular but is contrary of provisions of law as also all norms prevailing, the judgement is set aside. 

As the record shows that evidences were not recorded and no date was fixed for the said purpose, we are of the opinion that matter has to be sent back on remand before the Forum below for granting opportunity to the parties for recording evidence and for disposal of the matter on merit according to law.  We also further direct the matter should be disposed of expeditiously preferably within a period of two months from the date of receipt of the record.  Office of this Commission is directed to send LCR forthwith by special messenger along with a copy of this judgement and to bring it to the notice of the President of the Forum.