- (1.) Leave granted.
(2.) The Consumer Education and Research society of Ahmedabad which is stated to be a voluntary consumer association registered under the Companies Act, 1956 functioning at Ahmedabad and three other persons have filed these appeals assailing the order of the National Consumer disputes Redressal Commission (hereinafter referred to as "national Commission") in original petition nos. 125-126 of 1994 dismissing the original petitions in limine. The order reads as follows : "We are of the view that these are not cases of consumer dispute but are in the nature of public interest litigation. These original petitions are dismissed. "
(3.) The main thrust of the contentions of the learned counsel appearing for the appellants is that on the facts and circumstances of the cases, the National Commission erred in dismissing the original petition without giving any reason and without discussing the case of the parties. Elucidating the contention, the learned counsel for the appellant drew our attention to the order passed by the National Commission in original petition no. 26/89 which was filed by this very society, appellant no. 1 herein, and some others against the Ahmedabad municipal Corporation, respondent no. 1 herein and some other, relating to the deficiency in supply of drinking water to the residents of the city. The National Commission in its order dated 6.4.1990 made certain observation and issued certain instructions to be carried out by the municipal corporation to prevent water borne diseases before onset of monsoon. In the said order, it was stated that the National Commission heard the advocate general appearing for the state of Gujarat. In the concluding portion of the order, the National Commission observed : "In the event of there being a failure on the part of the corporation to duly carry out the said assurances, it will be open to the first petitioner society or any other interested consumer association to bring the matters before us for appropriate orders. ";