1999 (3) TMI 538 - Commission - Companies Law

Summary

Issues:
Appeal against District Consumer Forum order alleging misconduct of Forum members and seeking an inquiry. Appellant challenging the powers of Forum members and pointing out irregularities and illegalities.

The judgment in this case dealt with an appeal against an order passed by the District Consumer Forum, where the appellant had filed a complaint against the Executive Engineer. The appellant alleged that there was a conspiracy by the Forum members regarding the judgment in Case No. 128 of 1993. The appellant requested the case to be handed over to CBI for an inquiry and transferred to another District Forum. The District Forum rejected the appellant's application, stating that it was not the proper forum for such cases and advised seeking remedy through a writ or a civil suit. The State Commission noted that the appellant's appeal did not seek relief as a consumer but rather challenged the powers of the Forum members and highlighted irregularities. The Commission emphasized that matters of alleged misconduct of Forum members cannot be decided in appeal under the Consumer Protection Act, 1986. Since the appeal did not seek relief as a consumer and aimed at remedial action against the alleged misconduct of the Forum members, the State Commission found the appeal not maintainable. Therefore, the State Commission dismissed the appeal and upheld the District Consumer Forum's order dated 9-12-1993.

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