09.03.2022:

O R D E R

        BY Mr. K.B.SANGANNANAVAR : JUDICIAL MEMBER

1.    This petition is filed U/s.17(1)(b) of CPA 1986 by OP.1 in CC/129/2015 on the file of Shivamogga District Consumer Disputes Redressal Forum aggrieved by the order passed on 29.04.2016.  
2. The Commission examined the grounds of revision and impugned order.
3. It is found the Complainant raised consumer complaint on 01.07.2015. Impugned order passed pursuant to IA filed U/o 26 Rule 10A R/w Sec.151 of CPC appointing Sri.Subbanna.V suggested by the Complainant as the Commissioner fixing the fees tentatively at Rs.1,000/- to be deposited by the Complainant and directed the parties to file memo of instructions by 06.05.2016. The grievance of OP.1/Revision Petitioner would be as they have suggested Ms.Veena S Kamath, Scientist G and Director, Head of Laboratory ETDC, Bengaluru, was not appointed. According to Complainant Subbanna.V has experience of 13 years and independently established at Shimoga, after working for some period in Bengaluru and Hyderabad. He has been suggested by the Complainant as Commissioner. It is to be noted herein that District Forum failed to record reasons why Ms.Veena S Kamath, Scientist G and Director, Head of Laboratory ETDC, Bengaluru suggested by OPs not appointed.
4. In the above such circumstances, the Commission is of the view that, impugned order suffers from illegality and irregularity, is liable to be set aside with a direction to the District Forum to appoint an independent competent expert other than Subbanna.V and Veena S Kamath or in the alternative to appoint both at their respective costs. In this regard, Complainant and OPs are directed to assist the District Forum  to suggest expert’s name for appointment of expert other than mentioned above at the first instance  or in the alternative to concede for  appointment of both at their cost and obtain report from them and decide the consumer complaint in accordance with law as early as possible not later than 3 months from the date of receipt of this order. Accordingly Revision Petition stands disposed off.  
5. Notify copy of this Order to the District Commission and parties.

   Lady Member                                Judicial Member               

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