AR. A.S.P.V.P.V. And CO. vs PRESIDENT, SRIVILLIPUTHUR TALUK CONSUMER PROTECTION COUNCIL

THESE two appeals arise out of the order of the District Consumer Disputes Redressal Forum, Srivilliputhur dated 28.9.93 in O.P. 266/92. The first opposite party is the appellant in A.P. 712/93 while the 2nd opposite party is the appellant in A.P. 618/93.

THIS complaint has been filed by the President of Srivilliputhur Taluk Consumer Protection Council in respect of the repairs carried out in the refrigerator of one Dr. Kamalasekaran. But the said Dr. Kamalasekaran has not been impleaded as a party. It has been repeatedly held by this Commission that when the voluntary Consumer Organization files a complaint on behalf of any individual, that individual must also be impleaded as a party, so that the dispute can be settled in presence of and the decision will be binding on him. THIS procedure has not been adopted in this complaint. The matter has therefore go back to the District Forum for fresh disposal after impleading the said Dr. Kamalasekaran as a party. In the result, these appeals are allowed, the matter is remitted to the District Forum for fresh disposal with a direction to implied the actual consumer Dr. Kamalasekaran as the second complainant and proceed with the matter on merits. No costs. Appeals allowed.