CALLA,J. - (1.) By The Court (Per Hon'ble Mr. Calla, J.) : This Letters Patent Appeal is directed against the judgment & order dated 11.8.2000 passed by the learned Single Judge, whereby the writ petition was disposed of with certain observations.
(2.) It is given out by the learned Additional Advocate General that the appellants who were the members of the District Consumer Forum, have ceased to be the members on 13.7.2001 and 25.7.2001. This factual position is not controverted by the learned counsel for the appellants. The only grievance which was made the subject matter in the writ petition was that the President of the District Consumer Forum cannot pass any order that sittings of the Consumer Forum shall not be held on certain dates, merely because all the members are not available on such dates. It has been submitted that two members, if present, can hold the sittings if the President is not available. The order dated 18.8.2000 passed by the President, District Consumer Forum, Sawaimadhopur, has been placed on record, wherein it has been mentioned that no sitting will be held on certain dates. A decision of the Hon'ble Supreme Court in the case of Gulzari Lal Agarwal V/s Accounts Officer (1997 NCJ I (SC) has also been cited before us by the learned counsel for the appellants in which the Hon'ble Supreme Court has held that National Commission committed an error in holding that order passed by two members of the State Commission without the junction of President, is illegal and void.
(3.) Having heard learned counsel for both the sides, we are of the opinion that, may be that two appellants have ceased to be the members and therefore there is no question of their participation in the sittings but to pass an order that no sitting will be held on certain dates even if two members are present, cannot be said to be conducive and expedient for the ends of justice and for the litigant public before the District Consumer Forum if the sittings are not held, merely because the President of the Forum is not available, although two other members are available. The learned Single Judge has already observed that the President, District Consumer Forum shall take notice of this grievance. While agreeing with the observations made by the learned Single Judge, we wish to add that such practice cannot be appreciated and in future the sittings of the District Consumer Forum shall be held even if the President is not available and any two members are available i.e. either two members only or President and any other member.;