Maharashtra

Central Mumbai

CC/14/38

SUDARSHAN SADASHIV GAIKWAD - Complainant(s)

Versus

BANK OF INDIA THROUGH THE MANAGER - Opp.Party(s)

13 Mar 2014

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CENTRAL MUMBAI
Puravatha Bhavan, 2nd Floor, General Nagesh Marg, Near Mahatma Gandhi Hospital
Parel, Mumbai-400 012
 
Complaint Case No. CC/14/38
 
1. SUDARSHAN SADASHIV GAIKWAD
NEAR ALMEIDA COMPOUND, PRATIKSHA NAGAR NO. 1, SION KOLIWADA, MUMBAI 400 022
MUMBAI
MAHARASHTRA
...........Complainant(s)
Versus
1. BANK OF INDIA THROUGH THE MANAGER
29, AMBA BHAVAN, RANI LAXMI BAI CHOWK, SION, MUMBAI 400 022.
MUMBAI
MAHARASHTRA
2. SHRI. BHALCHANDRA VITTHAL PAWAR SPECIAL RECOVERY OFFICER NEW SATARA ZILHA NAGARIK SAH. PAT. MARYADIT MUMBAI
B-1, PROGRESSIVE BUILDING, DOCTOR COMPOUND, D. LAD MARG. CHINCHPOKLI (E), MUMBAI 400 012.
MUMBAI
MAHARASHTRA
3. NEW SATARA ZILHA NAGARIK SAH. PAT. MARYADIT MUMBAI
B-1, PROGRESSIVE BUILDING, DOCTOR COMPOUND, D. LAD MARG, CHINCHPOKALI (E), MUMBAI 400 012
MUMBAI
MAHARASHTRA
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. B.S.WASEKAR PRESIDENT
 HON'ABLE MR. H.K.BHAISE MEMBER
 
For the Complainant:
Complainant present in person
 
For the Opp. Party:
ORDER

Per Mr.B.S.Wasekar, Hon'ble President

Heard and perused the papers produced by the complainant. The complainant has produced the copy of recovery certificate dated 30th November, 2005 issued by the Assistant Registrar under section 101 of Maharashtra Co-operative Societies Act, 1960. On the basis of this recovery certificate, Recovery Officer issued recovery order dated 27th August, 2011 and directed the O.P.No.1 to freeze the account of the complainant. Accordingly, the O.P.No.1 has freezed the account of the complainant. The recovery order of Assistant Registrar under section 101 of Maharashtra Co-operative Societies Act, 1960 and direction given by the Recovery Officer are under the legal provisions. Whether those orders are correct or not, can not be decided by this Forum. As those orders are issued under the legal provisions, the O.P.No.1 has obeyed it. Obeying the orders of government office can not be said to be deficiency in service or unfair trade practice. Whether those orders are legal or not can not be decided by the O.P.No.1 or by this Forum. The complainant can challenge those orders before their Appellate Authority and not before this Forum. As there is no deficiency in service or unfair trade practice, the complaint is not maintainable before this Forum. It will not be exaggeration if it is observed that the complainant is misusing this Forum by filing this complaint. Hence, the complaint is dismissed at the stage of admission itself.

 

Pronounced Dated 13th March, 2014

 

 

 
 
[HON'BLE MR. B.S.WASEKAR]
PRESIDENT
 
[HON'ABLE MR. H.K.BHAISE]
MEMBER

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