Vijayawada.

Between-

B.Janaki Rama Rao, S/o.Venkateswarlu,

General Power of Attorney holder of  Venu Gopal Towers

Owners Welfare Association, R/o.Plot No.F.2, Gollapudi Village,

Vijayawada Rural Mandal, Krishna District.

…Appellant/Complainant.

And

1.Y.Chenchaiah, S/o.Nagabhushanam,

   Proprietor, Chamundeswara Constructions,

   D.No.21-10/3, Srinagar Colony,

   Satyanarayanapuram,

   Vijayawada – 11.

2.Nuthalapati Rama Tulasamma, W/o.late Bhushaiah,

   Partner, Chamundeswara Constructions, R/o.Gollapudi Village,

   Vijayawada Rural Mandal, Krishna District.

3.Tadikonda Pamulamma, W/o.Hanumantha Rao,

   Partner, Chamundeswara Constructions,

   R/o.Gollapudi Village, Vijayawada Rural Mandal,

   Krishna District.

4.Bavineni Jhansi Rani, W/o.Satya Hariprasad,

   Partner, Chamundeswara Constructions, R/o.Gollapudi Village,

   Vijayawada Rural Mandal, Krishna Dist.

5.Nuthalapati Venkateswara Rao, S/o.Bhushaiah,

   Partner, Chamundeswara Constructions, R/o.Gollapudi Village,

   Vijayawada Rural Mandal, Krishna District.

…Respondents/Opp.Parties.

Counsel for the appellant           -      Mr.S.S.Varma.

Counsel for the Respondents     -     Mr.P.Nagender Reddy (for R.1)

                                                          Mr.M.Hari Babu (for R.2 to R.5)

QUORUM- THE HON’BLE MR.JUSTICE D.APPA RAO, PRESIDENT,

SMT.M.SHREESHA,HON’BLE LADY MEMBER,

AND

SRI G. BHOOPATHI REDDY, HON’BLE MALE MEMBER.

MONDAY, THE SIXTEENTH DAY OF JUNE,

TWO THOUSAND EIGHT.

Oral Order (Per Hon’ble Mr.Justice D.Appa Rao, President)

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            Heard both sides.

1.         This is an appeal preferred by the complainant against the order of the District Consumer Forum-III, Krishna District at Vijayawada, dated 04.01.2008 in CC.No.144/2007 dismissing his complaint on the ground that General Power of Attorney holder cannot represent the matter by referring a decision in Saurabh Offset Printers Vs K. S. Gupta reported in II (2002) CPJ 441, U.P.State.

2.         The learned counsel for the appellant relied the decision rendered by the National Commission in Consumer Education and Research Society Vs. New India Assurance Co. Ltd. reported in I (2008) CPJ 317 (NC), wherein it was held that a complaint could be preferred by the General Power of Attorney holder and the same is maintainable. 

3.         We must express our displeasure as to the order that was passed by the District Forum by relying a head note.  The District Forum has not even bothered to notice the facts mentioned therein, as to how the said decision could be applicable to the facts of the instant case.  Unrelated provision not germane for consideration when relied.  In the light of the decision, we do not intend to go into the order of the District Forum in detail.  It is suffice to state that the National Commission observed –

            “This is erroneous.  It is to be reiterated that under the Act, technicalities are not to be encouraged because the only procedure, which is prescribed under the Act is to follow the principles of natural justice and to decide the matter after hearing both the parties.”

That was a case where the District Forum dismissed the complaint holding that Power of Attorney holder cannot file a complaint under the Consumer Protection

Act.  In that context, the passage referred to above was made.  The National Commission had further observed that-

            “This is forgotten and we still erroneously try to adhere to the procedure prescribed under the C.P.C. or elsewhere.”

         In the light of  the categorical pronouncement of the National Commission that a General Power of Attorney holder can represent the parties, we set aside the order of the District Forum and remand the matter for fresh enquiry from the stage from which the matter was disposed of.  Both parties are directed to appear before the District Forum on 27.06.2008.  No fresh notice would be issued to either of the parties.  The District Forum is directed to dispose of the matter expeditiously. 

         The appeal is accordingly disposed of.  However, in the circumstances, no costs.

PRESIDENT              LADY MEMBER         MALE MEMBER

Dt-16.06.2008.

Vvr.