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Tribunals and Commissions(1996) 05 NCDRC CK 0066

A.NIRMAL KUMAR vs P.C. JABIN SCIENCE COLLEGE

National Consumer Disputes Redressal Commission · Decided on 30 May 1996 · Citation: 1996 3 CPJ 64 : 1996 3 CPR 4

HON’BLE JUDGES
D.R.Vithal Rao , Kumar Gowda J.
RESULT
Appeal allowed

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Judgment

5 paragraphs · 397 words
1.

THIS appeal by the complainant is directed against the order dated 14.9.1993 passed by the District Forum, Dharwad, in Complaint No. 258/1993, rejecting the complaint.

2.

THE facts, briefly stated, are as follows : THE complainant made a complaint through a letter dated 3.9.1993 seeking the refund of donation and tuition fees paid by him for the admission of his daughter in P.C. Jabin Science College, Hubli. This letter came to be received by the District Forum on 8.9.1993. THE President of the District Forum considered the averments contained in the said letter and passed an order as under : ORDER "Intimate him that he appears to be having no legal case to file a complaint for refund of tuition fees since his daughter has voluntarily left attending college after admission."

This finding, as it is evident from the records, was recorded by the President of the District Forum alone. Such a finding recorded by the District FORA, President alone is clearly in violation of provisions of Sections 14(2) and (2A) of the Act. The provisions of Sections 14(2) and (2-A) of the Act, read as under : Sec. 14.(2).- Every proceeding referred to in Sub-section (1) shall be conducted by the President of the District Forum and at least one Member thereof sitting together. Provided that where the member, for any reason, is unable to conduct the proceedings till it is completed, the President and the other Member shall conduct such proceeding de novo. Sec. 14(2).-Every order made by the District Forum under Sub-section (1) shall be signed by its President and the Member or Members who conducted the proceeding." . . . This would clearly go to show that the proceeding of the FORA has to be conducted by the President of the District FORA and at least one Member thereof sitting together.

In the present case, as it is evident, the President alone has passed the order which is clearly against the provisions of the Act, as referred above.

3.

THEREFORE, the order is clearly erroneous and unsustainable. In the result, therefore, this appeal is allowed. The order of the District Forum, Dharwad, made in Complaint No. 258/1993 dated 14.9.1993, is set aside. The complaint is remitted to the District Forum with a direction to afford an opportunity to the complainant of hearing and dispose it of in accordance with law. Appeal allowed.