This present First Appeal Case No. 4 of 2022 is directed against the order dated 30.06.2022 passed in Complaint Case No. 3 of 2020 of the District Consumer Disputes Redressal Commission, Imphal. The present Appellants were directed to exempt electricity bill amount of the present Respondent, to pay an amount of Rs. 30,000/- to the complainant (present Respondent) as compensation for mental agony and harassment and another sum of Rs. 20,000/- to be paid to the present Respondent as the cost of litigation.

2.         The present First Appeal was filed on 05.09.2022, the Written argument of the parties were filed on 02.11.2022 and final argument was heard on 19.12.2022.

3.         On perusal of the impugned order dated 30.06.2022 of the District Commission, Imphal, it is found that the same was passed by the two members of the District Commission without the President of the Commission.

4.         As per the Section 36(1) of the Consumer Protection Act, 2019 it is provided that “Every proceeding before the District Commission shall be conducted by the President of the Commission and atleast one member thereof, sitting together:

            Provided that where a member, for any reason, is unable to conduct a proceeding till it is completed, the President and the other member shall continue the proceeding from the stage at which it was heard by the previous member.”

5.         As the impugned order was passed without the President of the District Commission the same order is null and void. As the impugned order was passed without jurisdiction, therefore we are of the considered view that the same has to be set aside. Hence, the impugned order is set aside.

6.         The District Commission is directed to proceed the Complaint Case No. 3 of 2020 as per the Consumer Protection Act, 2019, and the Rules and Regulations framed there under.

7.         Pronounced in the open court.

8.         On perusal of the records of Complaint case, we found the name of the President of the District Commission, Imphal i.e. Mr. K. Rabei Singh was one of the conducting counsel of the O.Ps in the Complaint Case No. 3 of 2020 which is the appellants in the present First Appeal.

            As Mr. K Rabei Singh is now the President of the District Commission Imphal. He can’t decide the complaint case, as he was the counsel of one of the parties therein. Now, in exercise of the power conferred under Section 48 of the Consumer Protection Act, 2019, we hereby transferred the Consumer Complaint No. 3 of 2020 to the District Commission, Thoubal for further proceeding in the interest of justice.

9.         Let a copy of this order be provided to all the parties free of cost. The order be also uploaded forthwith on the website of the Commission for perusal of the parties.

10.       The Registry is directed to send all the original records of the C.C No. 3 of 2020 to the District Consumer Disputes Redressal Commission, Thoubal along with a copy of this order.

11.       A copy of this order shall also be sent to the District Consumer Disputes Redressal Commission, Imphal for information and necessary action.

12.       File be consigned in record room along with a copy of this order.