District Commission Must Refer Points Of Difference To Third Member If Two Presiding Members Don't Agree: Uttarakhand State Commission
7 months, 3 weeks ago

District Commission Must Refer Points Of Difference To Third Member If Two Presiding Members Don't Agree: Uttarakhand State Commission

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The State Consumer Disputes Redressal Commission, Uttarakhand bench Ms Kumkum Rani and Mr BS Manral allowed an appeal based on the District Commission's failure to follow the proper procedure under Section 14 of the Consumer Protection Act, 1986. Proviso to Section 14 provides that “Provided that where the proceeding is conducted by the President and one member and they differ on any point or points, they shall state the point or points on which they differ and refer the same to the other member for hearing on such point or points and the opinion of the majority shall be the order of the District Forum.” The State Commission held that the points of difference were not mentioned to the third member while referring to the matter. Later, the Female Member confirmed the Male Member's decision on February 22, 2019, without following the proper procedure under Section 14 of the Consumer Protection Act, 1986. Observations of the Commission: The State Commission observed that the President and Male Member of the District Commission had passed differing judgments on October 20, 2015, without stating the points of difference.

History of this topic

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