CIVIL WRIT PETITION NO. 387 OF 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: November 28, 2008. Parties Name H.C. Arora ..PETITIONER VERSUS U.T. Chandigarh and others ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE T.S.THAKUR, CHIEF JUSTICE HON'BLE MR. JUSTICE JASBIR SINGH PRESENT: Petitioner in person. Mr. Babbar Bhan, Advocate, for Mr. Vinod Bhardwaj, Advocate, for respondents No. 1 and 2. Mr. Atul Mahajan, Advocate, for respondent No. 3. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? T.S.THAKUR, CHIEF JUSTICE (oral) JUDGMENT This petition has been filed in public interest. It prays for a writ of mandamus directing respondent No. 2 – Registrar of Societies, UT Chandigarh, to change the name of respondent No. 3 – Society so as to CIVIL WRIT PETITION NO. 387 OF 2008 -2- avoid any confusion arising out of close resemblance between a District level Consumer Disputes Redressal Forum established under the Consumer Protection Act and a voluntary society incorporated / established for protecting the rights and interests of the consumers generally. The immediate provocation for filing of the petition appears to have been provided by a letter, which respondent No., 3 – Society describing itself as the 'Consumer Forum' has addressed to the Director, Nehru Hospital, Post Graduate Institute of Medical Education and Research, Chandigarh, calling upon the latter to pay a sum of Rs. 10,00,000/- as compensation for mental agony and harassment with interest @ 15% per annum, failing which, Mrs. Damyanti Chopra, the person on whose behalf the said communication has been addressed, shall be constrained to file a complaint in the Consumer Disputes Redressal Forum. When this writ petition came up before us on November 07, 2008, we were of the view that the striking similarity between the names given to respondent No. 3 – Society and District Consumer Disputes Redressal Forum established under the Consumer Protection Act was likely to create further confusion and complications unless appropriate remedial steps were taken by the authorities concerned. We had, therefore, directed Commandant D.S. Romana (Retd.), President (Complaints) of the Society and Shri H.S. Ahluwalia , Secretary General of the Forum, to remain present in Court today. Both Mr. Romana and Mr. Ahluwalia are accordingly present today before us along with their counsel Shri Atul Mahajan, who submits that the Society has already passed a resolution on November 15, 2008, to the effect that the name of the Society shall stand changed from Consumer Forum to Consumers Association, Chandigarh. Mr. Mahajan submits on the instructions of S/Shri Romana and CIVIL WRIT PETITION NO. 387 OF 2008 -3- Ahluwalia that the Society has already approached the Registrar of Societies with a request for making suitable alterations in the Memorandum and Articles of Association and the Registration Certificate granted to the Society so that the Society is described in future as a Consumers Association and not as Consumer Forum, Chandigarh. He submits that the communication sent to the PGI, Chandigarh, and referred to earlier was also not in the nature of direction to the Institute to pay the amount, referred to therein, but only in the nature of demand made on behalf of the consumer Mrs. Damyanti Chopra, who had approached the Society for intervention. It is submitted that respondent No. 3- Society shall stop using the name 'Consumer Forum Chandigarh' with immediate effect and that it shall take care not to create any confusion in adjudication of disputes by the statutory Consumer Disputes Redressal Forum and the functioning of the Society. Mr. Ahluwalia, who appears in person, submits that with the clarifications given by respondent No. 3 -Society and the resolution, passed by it, and the request made to the Registrar of the Societies, nothing further remains to be determined in these proceedings and that the same can be disposed of with a direction to the Registrar to pass appropriate orders on the request received from the respondent – Society and making suitable alteration in the relevant record as to the name of the said Society. In the circumstances, therefore, and keeping in view the submissions made at the Bar, we dispose of this writ petition with the direction that the Registrar of Societies, respondent No. 2, shall examine the request received from respondent No. 3 for change of its name and pass appropriate orders in accordance with law expeditiously but not later than four weeks from the date a copy of this order and the application, submitted CIVIL WRIT PETITION NO. 387 OF 2008 -4- by respondent No. 3 are received by him, whichever is later. We make it clear that in case for any reason, the Registrar has not so far received the request, respondent No. 3 – Society shall submit a formal request accompanied by prescribed form and fee for doing the needful to the Registrar. No costs ( T.S.THAKUR) CHIEF JUSTICE (JASBIR SINGH) November 28, 2008. JUDGE DKC