Heard Sri Upendra Nath Misra, learned Senior Advocate assisted by Sri Neel Kamal Mishra, learned counsel for petitioner and the learned standing counsel.
By the present writ petition, the petitioners have challenged the order dated 4.12.2019 allegedly passed by the learned Single Member of the District Consumer Dispute Redressal Forum-I, Lucknow (Annexure No.1).
The facts of the case are that proceedings were initiated by the private respondent No.1 and 2 before the District Consumer Dispute Redressal Forum-I, Lucknow along with other persons which was allowed by order dated 18.02.2003. Against the said order dated 18.02.2003, an appeal was filed before the State Consumer Disputes Redressal Commission, U.P., Lucknow. The said appeal was rejected on 8.9.2015. Against the said order dated 8.9.2015, a revision was filed before the National Consumer Disputes Redressal Commission, New Delhi which was also rejected by the order dated 9.11.2016 on the ground of limitation. The said order was not challenged. Despite the orders being confirmed by the National Consumer Disputes Redressal Commission, New Delhi, the orders were not complied with by the petitioners. Thus, the execution proceedings were initiated. The execution proceedings for the last three years are pending.
Submission of learned counsel for petitioner is that only one member has passed order instead of all three members of the Forum, and therefore, the same is without jurisdiction.
Looking into the facts and circumstances of the case, the petitioner No.2 is directed to personally appear before the District Consumer Dispute Redressal Forum-I, Lucknow on 23.12.2019 and make submission on behalf of petitioners before the Forum. After hearing the petitioners, the District Consumer Dispute Redressal Forum-I, Lucknow shall pass appropriate orders. It is expected that all the three members of the Forum would consider and case and decide the same in accordance with law. In case, the case is not taken up on 23.12.2019, the Forum shall take up the matter on day to day basis till the execution proceedings are complete.
The impugned order dated 4.12.2019 (Annexure-1) is quashed. The petition is disposed of.
Order Date :- 20.12.2019 Arti/-
(Vivek Chaudhary,J.)