Karnataka

StateCommission

A/997/2020

Smt.Chaya - Complainant(s)

Versus

Gundu - Opp.Party(s)

Balakrishna Shastry

16 Dec 2023

ORDER

Date of Filing:23.12.2020

Date of Disposal:16.12.2023

 

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)

 

DATED:16.12.2023

 

PRESENT

 

HON’BLE Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

 

Mr K BSANGANNANAVAR: JUDICIAL MEMBER

 

Mrs DIVYASHREE M:LADY MEMBER

 

 

APPEAL Nos.997/2020 to 1000/2020

 

 

1. Smt Chaya

    W/o Sri Prakash Koparde

    Aged about 55 years

    R/at Sakarwadi, Nipani

    Taluka Nipani

    District Belagavi

 

 

2. Mr Limbaji

    S/o Sri Keshav Budake

    Aged about 66 years

    R/at Salunke Gully

    Taluka Nipani

    District Belagavi                                                              Appellants

    (By Mr G Balakrishna Shastry, Advocate)

 

    (Appellant is same in all these Appeals)

 

             -Versus-

 

1.APPEAL No997/2020

1. Mr Gundu

    S/o Mr Tippanna Gajannavar

    Major

    R/o Kothali Village

    Taluka Chikodi

    District Belagavi

    (By Mr Ajit C Kamate, Advocate)

 

2. The Liquidator

    M/s Hanuman Credit

    Souhard Sahakari Ltd.,

    Nipani

    C/o Office of the Deputy Registrar

    of Co-operative Societies

    Military Camp, New Building

    Belagavi                                                                     Respondents

    (By Dr J S Halashetti, Advocate)

 

2.APPEAL Nos.998/2020

1. Smt Malutai

    W/o Sri Gundu Gajannavar

    Since deceased represented

    By his LRs

    1(a) Mr Gundu

           S/o Sri Thippanna Gajannavar

           Major

 

     1(b) Mr Devendra

            S/o Mr Gundu Gajannavar

            Major

 

            Both are R/at Kothali

            Chikodi Taluk

            Belagavi District

            (By Mr Ajit C Kamate, Advocate)

 

      2.  The Liquidator

           M/s Hanuman Credit

           Souhard Sahakari Ltd.,

           Nipani

           C/o Office of the Deputy Registrar of

           Co-operative Societies

           Military Camp, New Building

           Belagavi.                                                                 Respondents

           (By Dr J S Halashetti, Advocate)

 

2.APPEAL Nos.999/2020

1.Mr Devandra

    S/o Mr Gundu Gajannavar

    Major

    R/o Kothali Village

    Taluka Chikodi

    District Belagavi

    (By Mr Ajit C Kamate, Advocate)

 

2. The Liquidator

     M/s Hanuman Credit Souhard Sahakari Ltd.,

     Nipani

    C/o Office of the Deputy Registrar

    of Co-operative Societies

    Military Camp, New Building

    Belagavi                                                                     Respondents

    (By Dr J S Halashetti, Advocate)

 

2.APPEAL Nos.1000/2020

1. Mrs Pooja

    W/o Mr Devendra Gajannavar

    Aged about 35 years

     Occupation: House Hold Work

     R/o Kothali Village

     Taluka Chikodi

     District Belagavi

     (By Mr Ajit C Kamate, Advocate)

 

2. The Liquidator

    M/s Hanuman Credit SouhardSahakari Ltd

    Nipani

    C/o Office of the Deputy Registrar

    of Co-operative Societies

    Military Camp, New Building

    Belagavi                                                                       Respondents

    (By Dr J S Halashetti, Advocate)

 

  :COMMON ORDER:

 

Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

 

1.      These Appeals are filed under Section 73 of Consumer Protection Act 2019 by the OPs No 5 & 8, aggrieved by the Order dated 20.07.2019 passed in Execution Application Nos.14/2014, 13/2014, 12/2014 & 15/2014 respectively on the file of District Consumer Disputes Redressal Forum, Belagavi (hereinafter referred to as District Forum).As the Appellant is common in all these cases and the facts & law involved in all these cases are one & the same, they are taken up together for consideration.

2.      These Appeals are preferred against the Orders in the respective Execution Proceedings initiated against OPs No. 5 & 8/Accused Nos.5 & 8/Appellants herein.  On perusal of the Impugned Order dated 20.07.2019, it is seen that the Accused Nos.5, 8 & 9 are sentenced to undergo simple imprisonment for a period of two years for the offence punishable under Sec 27 of CP Act 1986 and shall pay fine of Rs.5,000/- in each case to the Consumer Welfare Account, within a period of 30 days.  In default, to pay the fine, the Accused Nos. 5, 8 & 9 shall undergo further consecutive simple imprisonment for three months.

3.       Aggrieved by the said Orders, the Accused Nos. 5 & 8 are in Appeal inter-alia, contending amongst other grounds, that person in the instant case is only Hanuman Credit Souhard Shakari Limited, Nipani and not its Directors/Appellants herein, it being a statutory person.  There is no reason to extend the definition to the Director of the person i.e.,Hanuman Credit Souhard Shakari Limited, Nipani.  Further contended that District Forum failed to note that Appellant No.1 is a House wife, her husband has no regular avocation and he is working privately as an Electrician (repair).   Appellant No.2 is running a small retail petty shop selling provisions.  Both the Appellants are poor and financially weak having no other properties yielding any income for their sustenance and cannot be punished for default of the Society in repaying the Fixed Deposit which would run to several lakhs in more than 300 cases.  Thus Appellants seek setting aside of the Impugned Order.

 

4.       The Learned Counsel appearing for the Respondents/Complainants submitted that Accused/OPs/JDrs have not complied with the Orders dated 09.10.2013 passed in Consumer Complaints within the stipulated period of 30 days. In the circumstances, the District Forum considered the case of the Complainantson merits and proceeded to pass the Impugned Orders.

 

5.       The Learned Counsel for Respondent No.1(a) in Appeal No.998/2020 during the course of the present proceedings, filed a Memo dated 13.10.2022, with copy of Receipt dated 17.03.2020 and submitted that Respondent No.1A has received a sum of Rs.1 Lakh from Appellant No.1.

 

6.       Admittedly,           the proceedings were initiated under Sec27 of Consumer Protect Act against Accused No.5 Sri Limbaji Keshav Budake/Appellant No.1 herein, Accused No.6. Smt Chaya Prakash Koparde/Appellant No.2 herein and Accused No.9 the Liquidator, Hanuman Credit Souhard Sahakari Ltd., It is to be noted herein that, this Commission in Appeal Nos.1188/2019 to 1191/2019 challenged the very same Order dated 20.07.2019 passed in EA Nos.12 to 15/2014 respectively, by the Accused No.9 the Liquidator, Hanuman Credit Souhard Sahakari Ltd., and accordingly the same has been set aside in so as for as Accused No.9 only, on 13.12.2021.

 

7.       In the foregoing circumstances, the District Forum cannot go beyond the Decree in the Execution Proceedings and also the Order passed by this Commission has already attained its finality. With these observations, the instant Appeals stands disposed off.

 

8.       Keep the original of this Order in Appeal No.997/2020 and copy thereon in the rest of the Appeals.

 

Lady Member                   Judicial Member                           President

*s