BEFORE THE A.P STATE CONSUMER DISPUTES REDRESSAL COMMISSION AT HYDERABAD.
F.A.No.1224/2009 against E.A.No.2/2009 in C.C.No.68/08, DISTRICT FORUM, Vizianagaram.
Between
1.The Vizia Co-operative Society Ltd.,
Rep. by its Chairman cum President,
Vizianagaram.
2. The Manager,
The Vizia Co.operative Society Ltd.,
Rep. by its Chairman cum President ,
Vizianagaram. …Appellants/
J.Drs./ Opp.parties
And
N.Teejeswara Rao,
S/o.Mallikarjuna Rao,
Aged about 48 years, Indian,
Mallik Cloth Stores, M.G.Road,
Vizianagaram. …Respondent/
D.Hr./Complainant
Counsel for the Appellants : M/s.V.Gowrisankara Rao
Counsel for the Respondent : M/s.CH.Shanmukha Rao
QUORUM:THE HON’BLE JUSTICE SRI D.APPA RAO, PRESIDENT
SMT. M.SHREESHA, HON’BLE MEMBER
AND
SRI R.LAKSHMI NARASIMHA RAO, HON’BLE MEMBER
TUESDAY, THE TWENTY SIXTH DAY OF JULY,
TWO THOUSAND ELEVEN.
Oral Order : (per Smt.M.Shreesha, Hon’ble Member)
*****
Aggrieved by the order in E.A.No.2/2009 in C.C.No.68/08 on the file of Dist. Forum, Vizianagaram, J.Drs./opp.parties preferred this appeal.
This complaint has been filed for a direction to pay the deposit amount of Rs.54,000/- with interest at 12 ¼ % p.a. from 26.2.2001 to 26.2.2006 and 24% p.a. on Rs.54,000/- from 27.2.2006 till the date of realization and to pay damages and costs.
Opposite party no.1 filed counter stating that the Society is not in a position to deposit the amounts. Opposite party no.2 remained exparte.
The District Forum based on Ex.A1 F.D.R. allowed the complaint directing the opposite parties to pay deposit amount of Rs.54,000/- with interest at 12 ¼% p.a. from the date of deposit till the date of maturity and further at 9% p.a. interest on Rs.54,000/- from the date of maturity of deposit till the date of realisation and to pay Rs.2000/- compensation for mental agony besides payment of costs of Rs.1000/- and to pay advocate fee of Rs.500/-. Thereafter E.A.No.2/2009 was preferred by Decree Holder and the District Forum for non compliance of the order even after 10 months and in the absence of any reasonable explanation for non payment of the amount sentenced the opposite parties to undergo imprisonment for one year and pay fine of Rs.10,000/- for non compliance of the order.
Aggrieved by the said order the JDR/opposite parties preferred this appeal. It is the main contention of the opposite parties that opposite party no.1 was liquidated by Deputy Registrar of Cooperative Societies, Vizianagaram in RC.no.1986/09-C dt.11.11.09 and the Asst. Registrar K.Dakshina Murthy had taken charge of Liquidator of Society on 12.11.2009 and the Manager Mr.P.Appala Raju was arrested on 17.11.09 for no fault of his. We observe from the record that the District Forum order in the main C.C. is dt.30.12.08 and the order in E.A. is dt.17.11.2009 and the liquidator took charge on 12.11.09 but this fact was not brought to the notice of the District Forum. The order also discusses that the Manager i.e. opposite party no.2 had filed an affidavit that all amounts would be paid by November 1st but did not comply. The order of the District Forum is set aside in view of the liquidation proceedings dt.11.11.2009 which is prior to the order of the District Forum and the District Forum is directed to dispose of the matter as per the provisions of law .
In the result this appeal is allowed and order of the District Forum is set aside in view of the liquidation proceedings and this matter is remanded back to the District Forum. The District Forum is directed to dispose of the matter as per law. No costs.
PRESIDENT
MEMBER
MEMBER
Pm* Dt. 26.7.2011
