Bihar

StateCommission

A/292/2019

Sangita Devi - Complainant(s)

Versus

The IFFCO TOKIO General Insurance Company Limited & Ors - Opp.Party(s)

Adv. Sanjay Kumar Pandey

25 Aug 2023

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
BIHAR, PATNA
FINAL ORDER
 
First Appeal No. A/292/2019
( Date of Filing : 22 Aug 2019 )
(Arisen out of Order Dated in Case No. of District )
 
1. Sangita Devi
aged about 23 years, Female, Wife of Rakesh Kumar, Resident of Village- Hussepur, PS- Bhore, District- Gopalganj
...........Appellant(s)
Versus
1. The IFFCO TOKIO General Insurance Company Limited & Ors
through its Chairman Cum Managing Director having its Corporate Office, at 4 & 5th Floor IFFCO Tower, Plot No. 3, Sector- 29, Guru Gram, Haryana- 122001
...........Respondent(s)
 
BEFORE: 
  MISS GITA VERMA PRESIDING MEMBER
  MR. RAJ KUMAR PANDEY MEMBER
 
PRESENT:
 
Dated : 25 Aug 2023
Final Order / Judgement

Appeal No. 292 of 2019

Order

  1.  Heard learned counsels for both parties, perused the record.
  2. It has submitted on behalf of the appellant that the impugned order dated 30.03.2019 passed in Complaint case no. 78 of 2018 is incompetent because it was passed jointly by two non judicial members of the District Forum, of Gopalganj. According to the Consumer Protection Act, 1986 a proceeding before the District Forum should be conducted by the President of District Commission and at least one member thereof sitting together. So, without the President of the District Forum its two non-judicial members sitting together were not competent to conduct the proceeding.
  3. The learned lawyer for the respondents has conceded to aforesaid position of law. So, the submission of appellant is accepted.
  4. Accordingly, the impugned order is set aside. The case is remanded to the District Forum for disposal in accordance with law within a period of two months from the date of receipt of copy of this order.
 
 
[ MISS GITA VERMA]
PRESIDING MEMBER
 
 
[ MR. RAJ KUMAR PANDEY]
MEMBER
 

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