Per Shri A.Z.Khwaja, Hon’ble Presiding Member.
1) The petitioner Mr.Tukaram Dekate claiming to be the General Secretary of Rashtriya Mill Majdoor Sangh has preferred the present revision petition challenging the impugned order dated 03/07/2018 passed by the learned District Consumer Forum at Nagpur in consumer complaint No. CC/64/2018 where in the application filed by the petitioner came to be rejected.
2) Short facts leading to the filing of the revision petition may be narrated as under.
3) The petitioner/appellant filed the complaint against the respondent/Branch Manager, Bank of Maharashtra, since the respondent/bank had seized the debit operation of saving account bearing No.20126628773 and 20126745443 of the petitioner’s Union. Petitioner has contented that the petitioner Tukaram Dekate along with President and Treasurer was operating the accounts of the union Rashtriya Mill Majdoor Sangh which was registered under the Trade Union Act. Subsequently, disputes arose within the union on account of letter dated 30/05/2017 issued by Deputy Registrar and petitioner’s Union was directed to hand over the charge to newly elected Executive Committee. Petitioner thereafter approached to Hon’ble High Court by filing writ petition number 3474/2017 and the said order came to be set aside vide order dated 17/07/2017. Petitioner has contended that this fact was also informed to the respondent and request was made to start the debit operation. But the same was not allowed and so the petitioner filed the complaint under section 12 of the Consumer Protection Act.
4) During the pendancy of the complaint, the present petitioner also preferred an application for grant of interim relief seeking permission to withdraw the amount from the account of petitioner’s Unions. But the learned District Consumer Forum rejected the application for interim relief on the ground that the petitioner’s Union namely Rashtriya Mill Majdoor Sangh was not made a party in the complaint. Petitioner has contended that the said order passed by the learned District Consumer Forum Nagpur was not only erroneous but was also perverse and so deserves to be quashed, and so the present petition.
5) After filing of the revision petition notice came to be issued to the respondent/Bank of Maharashtra, Nagpur. However, the respondent bank did not respond and remained absent despite being duly served and so the revision petition is being decided finally on merits.
6) We have heard Shri S.G.Ingle, learned advocate for the revision petitioner. At the out set the learned advocate for the petitioner has drawn our attention to the application for interim relief filed by the revision petitioner before the learned District Consumer Forum Nagpur as well as the order passed by the learned District Consumer Forum dated 03/07/2016. If we turn to the contents of the application, the petitioner has contended that since the disputes had arisen between the office bearers of the petitioner’s Union, the respondent/bank had seized the debit operation of two accounts of the petitioner’s Union. Petitioner’s Union had thereafter approached the Hon’ble High Court by filing writ petition No.3474/2017 and it was observed that the union of the petitioner was the authorized union. Petitioner Tukaram Dekate had therefore sought permission to operate the two accounts of the petitioner’s Union.
7) We have also gone through the detailed order passed by the learned District Consumer Forum Nagpur on the said application. The learned District Consumer Forum Nagpur has observed that the application filed by the petitioner Tukaram Dekate was not tenable in law since the petitioner Tukaram Dekate despite being the General Secretary has not made Rashtriya Mill Majdoor Sangh of which he claims to be General Secretary, a party to the complaint.
8) During the course of hearing the petitioner Tukaram Dekate has also drawn our attention to various documents on record so as to show that he was duly authorized on behalf of the Rashtriya Mill Majdoor Sangh. However, in our view it was not at all open to the petitioner Tukaram Dekate to submit the application by claiming to be the General Secretary without making Rashtriya Mill Majdoor Sangh, as a party. The learned District Consumer Forum at Nagpur has rightly observed that the Rashtriya Mill Majdoor Sangh was a necessary party in the complaint. We therefore do not see any error or infirmity in the impugned order dated 03/07/2016 passed by the learned District Consumer Forum at Nagpur.
9) In this view of the matter, we do not find any substance in the submissions made by the learned advocate for the petitioner and so we pass the following order.
// ORDER //
- Revision petition is hereby dismissed.
- No order as to cost in this petition.
- Copy of this order be supplied to both parties free of cost.
