- (1.)The issue raised in both these Writ Appeals, at the time of hearing, is regarding competence of single Member to decide disputes before the Consumer Disputes Redressal Commission of the State (hereinafter referred to as 'State Commission'). Since we are only called upon to decide the legal issue involved with respect to the provisions contained in the Consumer Protection Act, 1986 and the Consumer Protection Rules, 1998 and the Consumer Protection Regulations, 2005 (hereinafter referred to as 'the Act', 'the Rules' and 'the Regulations' respectively for short), we are not referring to the factual background arising in these cases. The appellants herein were respondents in a complaint and in an appeal respectively before the State Commission. The learned Single Judge dismissed the Writ Petition filed by the appellant in W.A. No. 488 of 2013 considering the various provisions contained in the Act, Rules and Regulations, and upheld the competence/jurisdiction of single Member to decide the complaints/appeals/proceedings before the State Commission.
(2.)We have considered W.A. No. 25 of 2014 along with W.A. No. 488 of 2013 on the basis of the submission made by the learned counsel for the appellant that the only issue raised is relating to the jurisdiction/competence of the single Member of the Commission. In this context we notice that the Writ Petition filed by the appellant in W.A. No. 25 of 2014 was disposed of, reserving his liberty to approach the National Tribunal. The issue regarding the jurisdiction of single Member is not seen considered in the judgment. It is seen that contentions regarding the jurisdiction of the Commission was raised in grounds B, C, G and H of the Writ Petition and in grounds C to H of the Appeal.
(3.)We heard Sri Devan Ramachandran and Sri R. Ramadas, the learned counsel appearing for the appellants in W.A. Nos. 488 of 2013 and 25 of 2014 respectively, Sri P. Padmalayan, the learned Senior Government Pleader as well as Smt. Preetha Anil Ravindran and Sri P.T. Antony, the learned counsel appearing for the party respondents. In order to consider the issue raised by the appellants, it is necessary to examine the relevant provisions occurring in the Act, Rules and Regulations.