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CONSUMER DISPUTES REDRESSAL COMMISSION,
-
MAHARASHTRASTATE,MUMBAI (NAGPURCIRCUITBENCH)
Ori.Appeal No. A 38/2007
Filed On :2711212006
Arising out of.C.No. 285i05 of
Order on : 3 I .01 .2009
District Forum, Buldhana.
Urmi Laxminarayam Satyanarayan
Appellant...
Proprietor Hanuman Dal Industry
(Ori.Complnt.)
Khamgaon road Nandura,
Taluka-Nandra District. Buldhana.
-VERSUS-
I . Damodhar Ramgopal Tawari,
Respondents...
' \
President Peoples Urban Co-
(Ori.O.Ps.)
Operative Credit Society Ltd.,
Khamgaon.
2. Pratap Motiram Kukeja, Secretary,
Peoples Urban Co-operative Credit
Society Khamgaon R/o. Nagar Parishad
Complex Nandura road Khamgaon.
3. Liquidator and Administrator peoples
Urban Co-operative credit society
Khamgaon.
4. Assistant Registrar, Peoples Urban
Co-operative credit society Khamgaon.
r/
Coram : 1) Shri P.N.Kashalkar, Hon,ble presiding Judicial Member
2) Smt. S.G. Nagarale, Hon,ble Member
PRESENT :- Adv. P.D.Kavimandan for Appellant
Respondent No.1,2 & 4 absent.
Respondent No.3 by Mr.Shastri.
/
ORDER
(passed on 3 I .01 .2009)
l. This is an appeal filed by the ori. Complainant since his complaint
was retumed by passing the order below exhibit 1 by Distt. Forum,
Buldana on 30.1 I .2006.
The complainant had filed consumer complaint in the year 2005
against Peoples Urban Cooperative Credit Society Khamgaon and
against its Ex-Directors and also impleded the Adminishator
appointed by the govemment on the said society' It was simply a
case of depositor having not received the amount after maturity
period. So, there was simply a consumer dispute and the Ex-
directors and the Administrator were impleded as O'Ps' However'
before taking cognizance of the matter on merit' forum passed the
impugned order and hetd that the complainant has impleded
Administrator and the Liquidator appointed by the Govemment on
the O.P.No.1 Sanstha, as Opposite Party No'17, however' for filing
consumer complaint against the Administrator- Liquidator of the
Society, the complainant should have taken permission of the
Commissioner, Cooperative Department, Govemment of
MaharashtraU/sl0ToftheMaharashhaCooperativeSocieties
Act,l960. Since, there is no such permission taken, the complaint is
retumed to the comPlainant.
This is a cryptic order passed by the Distt'Forum against which the
appeal is filed. In fact, we state that this order of the Forum should
have been challenged by filing a Revision.
We find that the order passed by the Forum below is absolutely bad
in law and can not sustain in law' The complaint filed against a
society and its Directors and Administrator is maintainable without
any previous sanction of the Government of Maharashtra'
O.P.No.17 is impleded as a party to the consumer complaint
because he happens to be the Adrninistrator appointed by the
N/
3.
4.
a"
3
Govemment on the O.P.No.l Society. In fact, the main complaint is
against the society and its directors. Since he was a necessary party,
being the administrator of the society, he was impleded. For filing
such a complaint, no prior permission of the Cooperative
Commissioner or Govemment of Maharashtra was necessary and,
therefore, the said order passed by the Irorum below is quashed and
set-aside. The complaint is remanded to the Buldana Forum for
fresh trial on merit. The AppellanVcomplainant and
Resp.No.3/O.P.No.17, who are present, are directed to appear
before the Forum on 21 April, 2009. Hence, the order.
ORDER
l) The Appeal is allowed.
:
2) The Order passed by the Forum below is quashed and set_aside.
The complaint stands admitted. The complaint is remanded back
to the Buldhana Forum for fresh trial on merit.
4) Parties are left to bear their own cost of this Appeal.
5) Copies be supplied to the parties.
€^rAa,ro-
I
(Smt. S.G. Nagarale)
Member
(P.N.Kashalkar)
Presiding Judicial Member
Malve/-
