DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II U.T. CHANDIGARH (Criminal Petition No.55 of 2004) In Complaint Case No.673 of 1996 Date of Institution :01.11.2004 Date of Decision : 24.02.2012 1. Dr. Dinesh Menon son of Sh. K. L. Menon resident of K.No.379, Phase II, Mohali. 2. Sh. Mukesh Menon son of Sh. K. L. Menon; 3. Smt. Kanta Menon wife of Sh. K. L. Menon; 4. Sh. K. L. Menon son of Sh. R. R. Menon; All residence of K.No.379, Phase II, Mohali. Decree Holder (Complainant). [VERSUS] 1. All Bank Employees Cooperative USET&C Society Ltd., Chandigarh C/o SBI Br. Sector 34, Chandigarh. 2. Sh. Khazan Singh, Secretary, All Banks Employees Society, H.No.5799, Sector 56, ARY Chandigarh (ii) #3086/2, Sector 44-D, Chandigarh. Opposite Parties/Judgment Debtors. BEFORE: SHRI LAKSHMAN SHARMA PRESIDENT SH. JASWINDER SINGH SIDHU MEMBER Argued By: Sh. K. L. Menon, Complainant No.4 in person and on behalf of complainants No.1 to 3. Sh. H.P.S. Kochhar, Advocate for OP No.1 and Sh. Ram Pal, Administrator. None for OP No.2. JASWINDER SINGH SIDHU, MEMBER The present order will dispose of application dated 1.11.2004 filed under Section 27 of Consumer Protection Act, 1986 (hereinafter to be referred as C.P. Act, 1986) for non compliance of order dated 22.03.1999 passed by District Consumer Disputes Redressal Forum-II, U.T., Chandigarh (hereinafter to be referred as District Forum). 2. The brief facts with regard to the present application are that the complainant had moved a consumer complaint No.6736 of 1996, which was allowed and the OPs were directed to furnish a report seeking details of the financial status of the society and the recoveries effected by the Administrator up-to-date till the expiry of six months from the date of receipt of the order dated 23.3.1999. 3. That after the expiry of the said period, the said criminal complaint No.55 of 2004 was filed wherein it was prayed that the OPs be tried under Section 27 of C. P. Act. In the partial compliance of order dated 23.3.1999, the few payments were made by the OPs but the matter kept on lingering on one pretext or the other and as the amount towards the applicant still remained outstanding, the matter was finally dealt with by the order of this Forum dated 24.3.2011. Vide this order, it was held that an amount of Rs.3,000/- as principal amount of the FDRs committed with the OPs along with interest still remained unpaid . The balance amount of interest payable on the four FDRs calculated from the respective dates of deposit @14% per annum till the date of realization after adjusting a sum of Rs.17,780/- stands paid by the OPs as overdue interest. In the same order, at Para No.6, the OPs were called upon to show cause as to why they be not sentenced and fined under Section 27 of C. P. Act for non compliance of the order dated 23.3.1999. The OPs were show caused vide this order dated 24.3.2011 and were asked for to reply by 29.04.2011. 4. Since 29.04.2011, the OPs have failed to file their reply as well as their submissions to the Show Cause Notice issued to them vide order dated 24.03.2011. However, the OP No.1 is represented by its Administrator Sh. Ram Gopal Sharma, Inspector in his capacity as Representative of the Society (OP No.1). Whereas OP No.2 Sh. Khazan Singh, Secretary of the Society has made his appearance through his counsel. The Administrator of the Society was summoned by this Forum dated 29.04.2011 and impleaded on the disclosure made by the complainant at bar that the Society is being represented by him. 5. It is noticed that on 31.05.2011, the counsel for OP stated that in a particular matter, the Hon’ble Supreme Court of India has ordered that only the principle amount is to be paid and he wants to place on record the said impugned order. However, the OP No.1 placed on record the judgment of Hon’ble National Consumer Disputes Redressal Commission, New Delhi titled Registrar Cooperative Societies and another Vs. Tamil Nadu Consumers Protection Council and others, Revision Petition No.726-821 of 2003. Objections to the said judgment were called from the side of the complainant which were received on 30.09.2011.Subsequently, while deciding this issue, this Forum in its order dated 27.10.2011 held that the Administrator Sh. Ram Pal Sharma is correctly impleaded as Representative of OP No.1 and was answerable to this Forum for non compliance of the orders dated 22.03.1999 in his capacity as the representative of OP No.1. 6. OPs preferred an appeal against order dated 27.10.2011 before the Hon’ble State Consumer Disputes Redressal Commission, U.T., Chandigarh through First Appeal No.313 of 2011, which was dismissed vide order dated 24.11.2011. 7. That on 17.11.2011, the applicant filed fresh calculations while submitting reply to this application, OP No.1 in its reply dated 08.02.2012 to these fresh calculations, has further disclosed that as of now he has been appointed as a Liquidator of the said Society through the order dated 12.01.2012 under Section 57(2)(b) of Punjab Cooperative Societies Act, 1961 passed by the Joint Registrar, Cooperative Societies, U.T., Chandigarh. In this reply, OP No.1 prayed that in the light of the development stated above, the application dated 17.11.2011 along with the execution application may be disposed of accordingly. 8. In the light of above details, one thing that has come out in clear terms is that OPs No.1 and 2 have neither complied with the order dated 22.03.1999 of this Forum nor have made any efforts in this direction since the filling of this Execution Application dated 01.11.2004. OPs have also failed to satisfy this Forum as to in what manner they have acted so as to help the applicant/complainant in getting his dues, while acting under their official capacity. Finally, in the absence of a clear cut reply to the Show Cause Notice served upon the OPs through order dated 24.03.2011, we are of the view that OPs are willfully evading the compliance of the order of this Forum dated 22.03.1999. It is almost more than one year since the Show Cause Notice was served upon them and after having given them such a long rope, we feel that it is ripe enough now to punish them under Section 27(1) of C. P. Act, 1986. 9. Accordingly, we saddle the OPs No.1 and 2 with a fine of Rs.10,000/- each for non compliance of order dated 24.03.2011 of this Forum, to be deposited with State Legal Services Authority, U.T., Chandigarh within 30 days of the receipt of the certified copy of this order failing which, they will suffer a punishment of simple imprisonment for a period of six months each along with the said fine. However, the applicant/complainant is at liberty to claim the outstanding dues as per law. 10. It is also observed that the present execution application though had been filed for the compliance of order dated 22.03.1999, which was partially complied with by the OPs. It is nearly 14 years since the order dated 22.03.1999 that the complainant/applicant is running from pillar to post for his rights. Hence, while finding the plight of the complainant/applicant to be genuine, we also saddle OPs No.1 and 2 with costs to the tune of Rs.15,000/- to be paid by them jointly and severally to the complainant/applicant within 30 days from the date of receipt of certified copy of this order. Failure in compliance of this order would attract interest @ 18% on Rs.15,000-/ till it is paid. Accordingly, this criminal petition stands disposed of in the aforementioned terms. 11. Copies of this order be supplied to the parties free of costs. Announced 24th February 2012. (LAKSHMAN SHARMA) PRESIDENT (JASWINDER SINGH SIDHU) MEMBER Ad/-
| | MR. JASWINDER SINGH SIDHU, MEMBER | HONABLE MR. LAKSHMAN SHARMA, PRESIDENT | , | | 
