When the factual and legal position in the Consumer Disputes Redressal Forums in District level are considered, it is an interesting question whether a Single member bench in a State Commission can pass judgments on merit? But when the amendment in Section 16 of the Act is read as a whole and the judgment to the point by Js Antony Dominic reported in 2013 (2) KLT 1, it is now the settled position in law that, the President of the State Commission can constitute a single member bench also. Though the innerline reading and the composition of the District Forums are discussed together, the answer would be confusing. However, now the position is settled.
But the issue is if the said bench of the State Commission is a of a member not having legal background (not judicial background), what would be situation?
The Regulation No. 12 of the Consumer Protection Act says, when an issue of serious question of law is involved and there is no precedent on the point, then the single bench with a non judicial member have to think twice. To be state otherwise, such questions has to be heard by a bench inclusive of President or any other bench with members having legal background.
THE QUESTION IS, IF THE PARTY DOES NOT RAISE THE MOVE TO TRANSFER THE CASE, WHAT WOULD BE THE EFFECT?
But the issue is if the said bench of the State Commission is a of a member not having legal background (not judicial background), what would be situation?
The Regulation No. 12 of the Consumer Protection Act says, when an issue of serious question of law is involved and there is no precedent on the point, then the single bench with a non judicial member have to think twice. To be state otherwise, such questions has to be heard by a bench inclusive of President or any other bench with members having legal background.
THE QUESTION IS, IF THE PARTY DOES NOT RAISE THE MOVE TO TRANSFER THE CASE, WHAT WOULD BE THE EFFECT?
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