M.T.UNADKAT, J. - (1.) THIS appeal is filed by the original complainants against the order dated 25.1.2010 passed by the learned Consumer Disputes Redressal Forum, Ahmedabad City (Addl.) in Complaint No. 420 of 2008, (Parties are referred to in their original nomenclature for the sake of convenience).
(2.) THE opponents are agents. Opponents arranging various tours in the country as well as foreign countries. All complainants travelled in the tour arranged by the opponents for Singapore, Hong Kong and Thailand, etc. Complaints were not satisfied with the service of opponents during the tour, they have filed complaint for sum of Rs. 2,50,000 by way of damages, hardship, physical as well as mental agony, etc. and cost of Rs. 500 for each complaint. Opponents, appeared and raised contention that District Forum, Ahmedabad City (Addl.) has no jurisdiction to entertain the complaint.
(3.) AFTER hearing the parties, the learned President of the District Forum, Ahmedabad City (Addl.) accepted the contention of the opponents and held that the District Forum having no jurisdiction to entertain the complaint, therefore, he ordered to dismiss the complaint vide order dated 25 1.2010 Another Member of the District Forum, Smt. Hemkala Shah disagreed with the finding and held that the District Forum, Ahmedabad City (Addl,) having jurisdiction to entertain the complaint. Therefore, there is parted judgment between the President and Member. In that case, it is necessary to refer the matter to a third Member and accordingly matter can be decided as per the merit in view of the clear position in Section 14(2)(A) which reads as under: "PROVIDED that where the proceedings 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";