2024:BHC-AUG:30647-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD.

CRIMINAL WRIT PETITION NO. 2038 OF 2024 Abhay S/o Narayan Raje, Age : 72 years, Occ. Business, R/o New area ward, Near Bramhan Sangh, Bhusawal, Tq. Bhusawal, Dist. Jalgaon.

..PETITIONER -VERSUS-

1. Kala Hanuman Urban Cooperative Credit Society Limited, Bhusawal having its registered address at Near Kulkarni Mala, Behind Court, Bhusaval, Tq. Bhusawal, Dist. Jalgaon.

2. Vijay S/o Natthu Aamodkar Age : 66 years, Occ. Retired

3. Rajani w/o Vijay Aamodkar Age : 61 years, Occ. Household

4. Akshay S/o Vijay Aamodkar Age : 36 years, Occ. Education All Respondent nos. 2 to 4, R/o. 82, A, Near Datta Mandir, Datta Nagar Area, Bhusawal, Tq. Bhusawal, Dist. Jalgaon

5. Sanjay S/o Changdeo Varke.

Age : 62 years, Occ. Business, R/o. Behind Biyani Chamber, Professor Colony, Bhusawal, Tq. Bhusawal, Dist : Jalgaon.

6. Ashol S/o Mohan Badlani. [Died]

7. Subhash S/o Ashok Tambat Age : 65 years, Occ. Business, R/o. Near Renuka Dairy, Kasturinagar, Bhusawal, Dist. Jalgaon

8. Dhiraj S.o Dharmaji Dandi. [Died]

9. Uday S/o Pandarinath Relkar Age : 60 years, Occ : Business, R/o. Maheshnagar, Vanjola Road, Bhusawal, Dist. Jalgaon.

10. Ajay S/o Pahelraj Bajaj Age : 63 years, Occ. Business, R/o. Bajaj Cloth Center, Bhusawal, Dist. Jalgaon.

11. Shilpa Rajnikant Khedulkar Age : 61 years, Occ. Business R/o. Near J.D.C. Bank, Tq. Bhusawal, Dist. Jalgaon.

..RESPONDENTS ...

Shri R.N Dhorde, Senior Advocate i/b Shri V.R. Dhorde, Advocate for the petitioner APP for Respondent- State : Mr. N.R. Dayama …

CORAM : SMT. VIBHA KANKANWADI AND ROHIT W. JOSHI, JJ.

DATED : 20^th DECEMBER, 2024., 2024.

JUDGMENT (PER ROHIT W. JOSHI, J.) :

. The present petition is filed under Article 226 of the Constitution of India in order to seek a declaration that Execution Application No.10/2020 filed against the petitioner under Section 27 of the Consumer Protection Act, 1986 (Hereinafter referred to as “CP Act, 1986” for brevity) pending on the file of learned District Consumer Redressal Forum, Jalgaon is not maintainable as the order dated 12.07.2018, pursuant to which the said proceeding is filed, is void ab initio and a nullity in the eyes of law, in as much as it is passed in a proceeding which was filed beyond the prescribed period of limitation and further because the delay caused was not condoned. The petitioner has also invoked our inherent powers vested under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023.

2. Brief facts of the case are as under :-

Respondent Nos.2, 3 and 4 in the present petition had filed a Consumer Complaint bearing number 140 of 2017 against respondent No.1, which is a Urban Co-operative Credit Society along with its Administrator, Chairman and other office bearers. The said Consumer Complaint is allowed by the learned District Consumer Disputes Redressal Forum, Jalgaon vide order dated 12.07.2018. However, since the order has not been complied, respondent Nos. 2 to 4 have filed Execution Application No.10 of 2020 under Section 27 of the CP Act, 1986. Section 27 of the CP Act provides for penalty for non-compliance of an order passed by the Consumer Forum.

3. The petitioner has raised a challenge that the said proceeding filed under Section 27 of the CP Act, 1986 is not maintainable, in as much as the order dated 12.07.2018 passed in Consumer Complaint No. 140 of 2017 is passed beyond the prescribed period of limitation and is, therefore, non est and void ab initio.

4. We have heard Mr. R. N. Dhorde, learned senior counsel for petitioner. The petitioner is arrayed in the Consumer Complaint as opposite party No. 3 in the capacity of Chairman of the opposite party No. 1/Credit Co-operative Society. Learned senior counsel has taken us through the consumer complaint which is filed at Exhibit-C along with the petition. Perusal of the complaint will indicate that the complaint was filed for refund of Term Deposits kept by respondent Nos. 2 to 4 with respondent No. 1 Credit Society along with