Maharashtra

Additional DCF, Thane

CC/22/80

1. MR. VIKAS LAXMAN PHAPALE - Complainant(s)

Versus

1. SHRIRAM NAGRI SAHAKARI PATH SANSTHA LTD. - Opp.Party(s)

KRUSHNAVATI YADAV

19 Jul 2022

ORDER

THANE ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
Room no. 428 and 429, Konkan Bhavan Annex Building, 4th Floor,
C.B.D. Belapur, Navi Mumbai 400 614
 
Complaint Case No. CC/22/80
( Date of Filing : 05 Apr 2022 )
 
1. 1. MR. VIKAS LAXMAN PHAPALE
2. MRS. VIDYA VIKAS PHAPALE, 3. MR. AMOL SHIVRAM PISAL ADDRESS- HOUSE NO. 72/1, NL/1B, SECTOR 10, NERUL (W), NAVI MUMBAI 400706
...........Complainant(s)
Versus
1. 1. SHRIRAM NAGRI SAHAKARI PATH SANSTHA LTD.
2. NAMDEV PINGLE (CHAIRMAN) 3. BABAJI PINGLE (GENERAL MANAGER) 4. VINAYAK WAIKAR (BRANCH MANAGER) OFFICE NO. 202, 2ND FLOOR, MADHYAVARTI, SUVIDHA IMARAT, FRUIT MARKET, APMC, SECTOR-19, TURBHE, NAVI MUMBAI
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. R.P.Nagre PRESIDENT
 HON'BLE MS. Gauri M. Kapse MEMBER
 HON'BLE MRS. Sheetal A.Petkar MEMBER
 
PRESENT:
 
Dated : 19 Jul 2022
Final Order / Judgement

COMMON ORDER EXH-1

Date 19/07/2022

Perused the complaint and Heard the Counsil of the Complainant at length.

After going through the complaint. It is observed that, the Complainant already filed dispute No. 104/2021 before the Hon’ble Co-operative Court there, As per the direction of this Commission the Complainant filed petition copy of the dispute No. 104/2021 pending before the Co-Operative Court, there. The Commission also perused the said petition it reveals to the Commission that, the relief claimed by the Complainant in that petition, is the same which involved in the present complaint filed by the Complainant.

It is observed by this Commission that the dispute is filed before the Co-Operative Court is prier to filling of this complaint therefore the matter is sub-judice before this Commission. It is also crystal clear that Co-Operative Court is Competent Civil Court for disputes arising between members and society, and this dispute naturally falls within preview Co-Operative Act. Admittedly the Complainant is the Member of Patsanstha & he already availed the sending before the Co-Operative Court, therefore this Commission has no jurisdiction to try this complaint.  

Hence complaint stands dismissed.

 
 
[HON'BLE MR. R.P.Nagre]
PRESIDENT
 
 
[HON'BLE MS. Gauri M. Kapse]
MEMBER
 
 
[HON'BLE MRS. Sheetal A.Petkar]
MEMBER
 

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