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1 Appeal No.1604 to 1606 of 2018
Date of Filing : 12.10.2018
Date of Disposal : 10.06.2021
BEFORE THE KARNATAKA STATE CONSUMER DISPUTES
REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)
DATED THIS THE 10th DAY OF JUNE-2021
PRESENT
Mr. KRISHNAMURTHY.B.SANGANNANAVAR : JUDICIAL MEMBER
Mrs M.DIVYASHREE : LADY MEMBER
APPEAL NO.1604 to 1606 of 2018
Sri. Raju Hosamani,
Age: Major, Occ:Ex-General
Manager, Belgaum Liberal
Credit Souhard Co-Operative
Society Ltd., Kapileshwar Road,
Belagavi, Now Residing at;
H.No.1396 ‘Sadguru’
Opp: Harsha Hotel,
Ramateerth Nagar, Belagavi.
… Appellant in all the appeals
(By Sri/Smt. Mohan Malge, Advocate in all these appeals)
1. Balesh Shivappa Sasalatti,
Aged about 75 Years,
Occ: Retd, R/a H.No.1737,
Sector-8, Anjaneyanagar,
Belagavi.
2. K.B.Magadum,
Major, Occ:Chairman,
Agriculture, Belgaum
Liberal Credit Souhard
Co-Op Society Ltd., ,
Kapileshwar Road,
Belagavi, Now R/at
SBI Colony, Nidasosi
Road, Sankeshwar,
Hukkeri, Tq, Belagavi.
2 Appeal No.1604 to 1606 of 2018
3. Ramesh Magadum,
Major, Occ:Manager,
Belgaum Liberal Credit
Souhard Co-Op Society Ltd., ,
Kapileshwar Road,
Belagavi, Now R/at
Shelapur Hukkeri, Tq,
Belagavi.
..Respondents in all these appeals
COMMON ORDER IN APPEAL NO.1604/2018
Mr. KRISHNAMURTHY.B.SANGANNANAVAR : JUDICIAL MEMBER
1. These are the appeals filed u/s 27-A of Consumer
Protection Act, 1986 by one of the OP, being Ex-General
Manager of Belagavi Co-Operative Credit Society Ltd., sought for
dismissal of the Execution Petition Nos.15 to 17 of 2018 arising
out of award passed in respective consumer complaints by the
District Consumer Disputes Redressal Forum, Belagavi. (for
short District Forum/Commission).
2. In all the three appeals, one Mr.Raju Hosamani, the Ex-
General
Manager
of
the
Society
is
common,
whereas
Respondent No.1 to 3 are complainants and the Chairman and
Manager of the said Society. These appeals are received on
12.10.2018 in this Commission and the notices of appeals have
been served on all the respondents.
3 Appeal No.1604 to 1606 of 2018
3. Commission heard learned counsel on record. Now we
have to examine whether E.P.No.15 to 17 of 2018 respectively
pending on the file of District Consumer Disputes Redressal
Commission, Belagavi for execution of the award passed in the
respective complaints could be executable against the appellant
herein on the given facts found from the impugned orders?
4. Learned counsel for appellant would submit that,
appellant herein is neither a Secretary nor a person to be sue or
to be sued against whom Non Bailable warrant issued by the
Commission below in E.P.Nos.15 to 17 of 2018 respectively, as
such would submit, such order is contrary to facts and law is
liable to be set aside. In this regard, we would like to refer
herein that the Hon’ble National Consumer Disputes Redressal
Commission in R.P.No.3356/2018 in a case filed by one
Mr.K.B.Magdum, who is none other Respondent No.2 herein to
decide these cases. In these appeals could see were filed
against Balesh Shivappa and two others, who are none other
the first and second respondent besides appellant herein. The
appellant questioned the legality of the order dated 20.09.2018
passed in Appeal No.1195/2017 of this Commission. It is
4 Appeal No.1604 to 1606 of 2018
therefore, it would be appropriate to follow the principles
enunciated in this Revision Petition order dated 22.02.2019,
wherein, in paragraph-19 it was held; ordinarily Ex-Secretary or
the Ex-President or other office
