(Passed on 3/3/2023)

Per Mr. Atul D. Alsi, Hon’ble President. 

1. The complainant/society has filed a complaint case against the Ops for non disbursement amount of Rs. 34,035/- along with interest from the saving bank account with OP No. 1 and thereby claiming compensation and interest.
2. The story in short are as under.
3. The complainant is society for organized unemployed persons and registered under Maharashtra Co-operative Society Act and having saving account bearing No. 175 with OP No. 1/bank. In the month of December 2015, the bank account has balanced of Rs. 34,045/- After enquiry in the year 2017, it come into the knowledge that on 1/1/2016, the OP No. 1/bank has without a consent has transferred amount of Rs. 34,045/- to OP No. 2 who was liquidator appointed by State Government for liquidation proceeding for the complainant/society. The complainant/society has issued legal notice through his advocate on 24/05/2018. The OP No. 1 has issued reply to the notice  and it is submitted in reply that his liquidator/OP No. 2 has issued letter for change of bank account in the name of Liquidator and withdrawal of amount of Rs. 34,045/- by the OP No. 2. The complainant further submitted that the  OP Nos. 1 and 2 have illegal withdrawn amount from the saving bank of complainant/society without consent.  Therefore the complainant is entitled for amount in saving bank account along with interest and compensation with cost of litigation. Therefore the complaint is filed.
4. The OP No. 1/bank has filed reply and denied allegations and submitted that the complainant/society is registered under  Co-operative Society Act, 1960. Therefore the Consumer Commission has no jurisdiction to entertain the complaint. The complainant/society has gone in Liquidation by the State Government and Mr. Diwase has been appointed as Liquidator. The liquidator has withdrawn the balance amount of Rs. 34,045/- by way of withdrawal application on 1/1/2016. The OP No. 1/bank has lawfully withdrawn the amount as per letter issued by OP No. 2/liquidator Therefore there is no negligence on the part of OP No. 1.
5. The OP No. 2 adopted written statement of OP No. 1.
6. The counsel for complainant argued that the OP Nos. 1 and 2 withdrawn the balance amount in saving bank of complainant without consent of complainant. The act of Ops amounts to deficiency of service. Therefore petition is filed.
7. The counsel for OP No. 1 submitted that the balance amount in saving bank account has been withdrawn as per withdrawal application by OP No. 2 as per letter of request, has been made and liquidator has been appointed by State Government for liquidation of assets of the society. Therefore there is no deficiency on the part of OP No. 1.
8. The OP No. 2 argued that  the withdrawal of amount is as a part of process of liquidation proceeding as per direction given by  State Commission. Therefore there is no deficiency on the part of OP No. 2.
9. The complainant is Co-operative Society registered under  Co-operative Society Act, 1960 for the unemployed organized laborers’ for repairing work and coloring building etc. The complainant/society has saving bank account bearing No. 175 with OP No. 1/bank with balance of Rs. 34,045/-. In December 2015, the OP No. 2 who is appointed as liquidator by the State Government to liquidate the assets and to pay liability   on behalf of the  complainant/society. Therefore as a part and process of liquidation, the liquidator Mr. J.N. Diwase has made appropriate changes in the name of complainant’s saving account and withdrawn the balance amount of Rs. 34,045/- to pay the liability on behalf of complainant/society. Therefore there is no negligency on the part of OP Nos. 1 and 2 in withdrawal of amount from the saving bank of the complainant. Therefore the complaint is dismissed as per following order.

ORDER

1. The complaint is dismissed.

2. No order as to cost.

3. Copy of order be furnished to bothparties, free of cost.