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Judgment
THIS appeal has been filed by the United India Insurance Company Limited against an order of the State Commission, Calcutta dated 18th January, 1994after delay of 485 days. Though an application for condonation of the delay has been filed by the appellant, it does not disclose any valid, cogent and convincing reasons in explanation of the inordinate delay. The reason stated in the application does not at all appeal to us as worthy of acceptance. The prayer for condonation of delay in filing this appeal is, therefore, rejected. However since we find on a perusal of the record that the order of the State Commission was passed by only two of its Members without the junction of the President (The post of the President was lying vacant at that time). The said order has to be treated as null and void in view of the mandatory provisions of Sections 14(2) and (2A) read alongwith Section 18 of the Consumer Protection Act. Hence, we consider it necessary to take up this matter in suo motu revision in the exercise of our powers under Section 21 of the Act.
THE Respondents are present before us today through Mr. Prabir Basu, learned Advocate and he submitted that the Revision case may be disposed of finally now itself after hearing him. We have heard both sides. In the exercise of our suo motu powers of revision we set aside the order of the State Commission as having been passed illegally and without jurisdiction by two Members only of the State Commission without the junction of the President. The case is remanded to the State Commission for de novo disposal in accordance with law. Since this case is an old one, the State Commission is requested to give it maximum priority and dispose it of as early possible preferably not exceeding four months from the date on which a copy of this order is received by the State Commission. The parties are directed to appear before the State Commission on Monday, the 16th October, 1995 for taking orders from the State Commission as to the date on which it will find it convenient to post the case for disposal.