Per Mr.Shashikant A. Kulkarni, Presiding Judicial Member
[1] All these appeals may be disposed off by a common judgment. These require a common consideration of question of law involved.
Learned District Forum by its order dated 06/01/2015 [impugned order] in the consumer complaints no.134/1012, 135/2012, 07/2014 and 08/2014 held that the complainant in these cases i.e. appellant is not consumer within the meaning of Consumer Protection Act, 1986 [in short ‘CP Act’].
[2] Complainant is a society registered under Societies Registration Act 1860 and also as public charitable trust registred under Bombay Public Trust, 1950.
One Shri Shivaji Bhauso Sawant claiming himself to be secretary of the complainant trust has filed these complaints against a opponent banks, alleging deficiency in service. It is his case that, he being Secretary of the year 2007 and subsequent change reports having not been accepted by Asst. Charitable Commissioner although the elections held and the managing bodies came into existence his powers to act as Secretary and to operate bank accounts maintained by the Trust in the opponent banks cannot be abrogated, by simple objection raised by other trustees of the trust. Opponent bank has no authority to prevent him from operating these accounts nor can raise objection of his signing the complaints on 06/01/2014 to operate accounts.
[3] We have heard extensively arguments of learned Adv.A.R.Jadhav for the appellant/complainant. He submitted that complainant is the trust. Shri Shivaji Bhauso Sawant signing the complaint was the Secretary and also authorized to file complaints.
Learned advocate, however, is unable to point out a resolution or authorization by the trustees who are in-charge of trust as on 06/01/2014-the date of filing the complaints to extend authority in favour of Shri Shivaji Bhauso Sawant to sign the complaints on behalf of the trust. Undisputedly the subsequent change reports are pending adjudication before the authorities under Bombay Public Trust, 1950 including Assistant and Joint Charitable Commissioners.
It is well settled position of law that, once change report is reported to the Asst.Charitable Commissioner after the election are held in the society or trust or any case may be, whether the same is accepted or otherwise the same to be reckoned to be change in the body and management of the trust for entire administration and operation of bank accounts etc.
Such change reports when objected and kept pending before authorities under Bombay Public Trust 1950, the trust shall function and institution shall be run. Therefore, the arrangements are made by settling position of law to allow such de-facto and elected-trustees to run the institutions of trust, especially educational institution on the basis of their elected trustees whether change report is accepted by Asst.Charitable Commissioner or not.
[3] Shri Shivaji Bhauso Sawant who signed the complaints was ex-Secretary and wanted to operate accounts despite the fact that he knew that new trustees have come into power of the trust and institutions. Banks are entitled to ask for authorization for operating these accounts after they came to know that new body has come in to power and change report about it, is reported to the Asst.Charitable Commissioner
[4] In any case, Shri Sawant seems to have no authorization and opponent banks thereby not committed deficiency in service for not allowing him to operate accounts of the trust eventually the complainant thus does not fall within the purview of definition ‘consumer’ of Sec.2(1)(d) of the Consumer Protection Act, 1986. Learned District Forum has taken right view of the matter to dismiss all the complaints. We are, therefore, of the view that it would be unnecessary to admit the appeals and try it for further period. We hold accordingly and pass the following:
ORDER
- Appeal No.A/15/191 to A/15/194 stand dismissed in limine.
- Parties to bear their own costs.
- One set of each appeal compilation be retained. Rest be returned to the appellant forthwith.
- Certified copies of the order be furnished to the parties forthwith.
Pronounced
Dated 8th April, 2015.
