Haryana

StateCommission

A/931/2016

JAI BHAGWAN - Complainant(s)

Versus

NARENDER SINGH LOHAN - Opp.Party(s)

JAINAINDER SAINI

29 Nov 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                            

First Appeal No  :   931 & 1004 of 2016

Date of Institution:  06.10.2016 & 21.10.2016

                                     Date of Decision:   29.11.2017

 

First Appeal No.931 of 2016

1.      Sh. Jai Bhagwan Ladwal, Member, Manager of FCI Staff Coop. Urban (SE) T&C Society Limited, Food Corporation of India, DO Hisar, DSS 100 PLA, Hisar.

2.      Sh. Rajender Kumar Meena, Member/Management of FCI Staff Coop. Urban (SE) T&C Society Limited, Food Corporation of India, DO Hisar, DSS 100 PLA, Hisar.

3.      Sh. Mange Ram, Member/Management of FCI Staff Coop. Urban (SE) T&C Society Limited, Food Corporation of India, DO Hisar, DSS 100 PLA, Hisar.

4.      Sh. Chander Parkash, Member/Management of FCI Staff Coop. Urban (SE) T&C Society Limited, Food Corporation of India, DO Hisar, DSS 100 PLA, Hisar.

5.      Sh. Naresh Kumar, Member Management of FCI Staff Coop. Urban (SE) T&C Society Limited, Food Corporation of India, DO Hisar, DSS 100 PLA, Hisar.

6.      Sh. Ajit, Member/Management of FCI Staff Coop. Urban (SE) T&C Society Limited, Food Corporation of India, DO Hisar, DSS 100 PLA, Hisar.

7.      Sh. Ram Kumar, office of Food Corporation of India, Spinning Mills Umra Road, Hansi, District Hisar.

 

                             Appellants-Opposite Parties No.5 to 9, 11 & 12

Versus

 

1.      Narender Singh Lohan through his Legal Representative Smt. Amrawati aged 92 years wife of late Narender Singh Lohan, Resident of House No.134, Sector 15-A, Hisar.

                                      Respondent-complainant

2.      FCI Staff Co-operative, Urban (SE) T&C Society Limited, H.No.13, B&R Colony, Sector 15-A, Hisar through its President/Secretary.

3.      Sh. Roshan Lal Khanangwal, President of FCI Staff Co-operative, Urban (SE) T&C Society Limited, H.No.13, B&R Colony, Sector 15-A, Hisar.

4.      Sh. Roshan Lal Khanangwal, President of FCI Staff Co-operative, Urban (SE) T&C Society Limited, Now Assistant Grade-II, O/o Area Manager, Food Corporation of India, District Office, Rohtak.

5.      Sh. Yogender Kumar, Secretary of FCI Staff Co-operative, Urban (SE) T&C Society Limited, office of Food Corporation of India, DO Hisar, DSS 100 PLA, Hisar.

6.      Sh. Baljit, Member/Management of FCI Staff Coop. Urban (SE) T&C Society Limited, Food Corporation of India, DO Hisar, DSS 100 PLA, Hisar.

7.      Registrar, Co-operative Societies, Haryana, Panchkula.

8.      Food Corporation of India, 16-20, Bara Khamba Lane, New Delhi through Area Manager, Food Corporation of India, District Office, Hisar.

Respondents-Opposite Parties No.1 to 4, 10, 13 & 14

 

First Appeal No.1004 of 2016

 

Food Corporation of India, 16-20, Bara Khamba Lane, New Delhi through Area Manager, Food Corporation of India, District Office, Hisar.

                                      Appellant-Opposite Party No.14

Versus

 

1.      Narender Singh Lohan through his Legal Representative Smt. Amrawati aged 92 years wife of late Narender Singh Lohan, Resident of House No.134, Sector 15-A, Hisar.

                                      Respondent-complainant

2.      FCI Staff Co-operative, Urban (SE) T&C Society Limited, H.No.13, B&R Colony, Sector 15-A, Hisar through its President/Secretary.

3.      Sh. Roshan Lal Khanangwal, President of FCI Staff Co-operative, Urban (SE) T&C Society Limited, H.No.13, B&R Colony, Sector 15-A, Hisar.

4.      Sh. Roshan Lal, President of FCI Staff Co-operative, Urban (SE) T&C Society Limited, Now Assistant Grade-II, O/o Area Manager, Food Corporation of India, District Office, Rohtak.

5.      Sh. Yogender Kumar, Secretary of FCI Staff Co-operative, Urban (SE) T&C Society Limited, office of Food Corporation of India, DO Hisar, DSS 100 PLA, Hisar.

6.      Sh. Jai Bhagwan Ladwal, Member, Manager of FCI Staff Coop. Urban (SE) T&C Society Limited, Food Corporation of India, DO Hisar, DSS 100 PLA, Hisar.

7.      Sh. Rajender Kumar Meena, Member/Management of FCI Staff Coop. Urban (SE) T&C Society Limited, Food Corporation of India, DO Hisar, DSS 100 PLA, Hisar.

8.      Sh. Mange Ram, Member/Management of FCI Staff Coop. Urban (SE) T&C Society Limited, Food Corporation of India, DO Hisar, DSS 100 PLA, Hisar.

9.      Sh. Chander Parkash, Member/Management of FCI Staff Coop. Urban (SE) T&C Society Limited, Food Corporation of India, DO Hisar, DSS 100 PLA, Hisar.

10.    Sh. Naresh Kumar, Member/Management of FCI Staff Coop. Urban (SE) T&C Society Limited, Food Corporation of India, DO Hisar, DSS 100 PLA, Hisar.

11.    Sh. Baljit, Member/Management of FCI Staff Coop. Urban (SE) T&C Society Limited, Food Corporation of India, DO Hisar, DSS 100 PLA, Hisar.

12.    Sh. Ajit, Member/Management of FCI Staff Coop. Urban (SE) T&C Society Limited, Food Corporation of India, DO Hisar, DSS 100 PLA, Hisar.

13.    Sh. Ram Kumar, office of Food Corporation of India, Spinning Mills Umra Road, Hansi, District Hisar.

14.    Registrar, Co-operative Societies, Haryana, Panchkula.

Respondents-Opposite Parties No.1 to 13

 

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Shri Balbir Singh, Judicial Member.

                             Shri Diwan Singh Chauhan, Member                                                                                                                      

Argued by:          Shri Krishan M. Vohra, Advocate proxy for Shri Sumeet Goel, Advocate for Food Corporation of India

                             Shri Ranjan Lohan, Advocate for complainant.

                             FCI Staff Cooperative Society, Hisar, Roshan Lal Khanangwal, President and Yogender Kumar, Secretary ex parte.

                             S/Shri Kunal Garg Advocate and Jainender Saini, Advocate for Jai Bhagwan Ladwal, Rajender Kumar Meena, Mange Ram, Chander Parkash, Naresh Kumar, Ajit and Ram Kumar.

                             (Service of Registrar, Cooperative Societies dispensed with). 

 

O R D E R

 

NAWAB SINGH J.(ORAL)

 

                    This order disposes of afore-mentioned two appeals bearing No.931 and 1004 of 2016 filed by Jai Bhagwan Ladwal, Rajender Kumar Meena, Mange Ram, Chander Parkash, Naresh Kumar, Ajit (Opposite Parties No.5 to 9, 11 and 12) and Food Corporation of India-opposite party No.14 (for short, ‘FCI’) because they have arisen out of common order dated September 02^nd, 2016 passed by District Consumer Disputes Redressal Forum, Hisar (for short ‘the District Forum’) in Consumer Complaint No.96 of 2013.

2.                Narender Singh Lohan (since deceased)-complainant and his wife Smt. Amrawati, opened SB/RD/SF Account No.1209 on July 14^th, 2008 with The Food Corporation of India Staff Co-Operative Urban (S.E.) Thrift & Credit Society Limited, Hisar (for short ‘the FCI Society)-opposite party No.1. As on February 04^th, 2012 the amount deposited in the FCI Society was Rs.2,46,138/-, which by accrual of interest became Rs.2,49,583/- up to February 04^th, 2013. Roshan Lal Khanangwal-Opposite Party No.2 was the President, Shri Yogender Kumar-Opposite Party No.4 was the Secretary and Jai Bhagwan Ladwal, Rajender Kumar Meena, Mange Ram, Chander Parkash, Naresh Kumar, Ajit-appellants (Opposite Parties No.5 to 9, 11 and 12) were the members of the FCI Society.

3.                The complainant asked the FCI Society to pay an amount of Rs.2,49,583/- including interest accrued thereon to the complainants but the FCI Society did not pay the amount. Hence, the complainant filed complaint under Section 12 of the Consumer Protection Act, 1986 (for short ‘the Act, 1986’) before the District Forum, Hisar.

4.                The District Forum, vide impugned order dated September 02^nd, 2016 allowed the complaint directing the opposite parties to pay Rs.2,49,583/- to the complainant along with interest at the rate of 9% per annum from the date of filing of the complaint, that is, February 28^th, 2013 till its realisation, jointly and severally.

5.                Pivotal issue in this case is as to whether the Members and FCI were liable to pay the amount deposited by the complainant with the FCI Society of which Roshan Lal Khanangwal-opposite party No.3 and Yogender Kumar- opposite party No.4, were the then President and Secretary respectively.

6.                The complainant lodged complaint (Annexure C-3) against Roshan Lal Khanangwal, President of the FCI Society before Inspector General of Police, Hisar. The matter was compromised vide Annexure C-4 before the Police duly attested by Incharge Police Post Civil Lines, Hisar dated November 25^th, 2012 and Affidavits (Exhibits C7/A and C8/A) in support thereof whereby Roshan Lal Khanangwal, President of the FCI Society had agreed to pay the amount of Rs.11,75,000/- which includes the amount lying deposited in the account of Narender Singh, his wife Smt. Amrawati (complainants) and their daughter Sobha Rani. As per compromise (Annexure C-4) the amount of Rs.11,75,000/- was to be paid in installments of Rs.50,000/- per month, out of which Rs.4,00,000/- was to be paid by the end of March, 2013 but he did not pay.

7.                Since Roshan Lal Khanangwal, President of the FCI Society had agreed to pay the aforesaid amount, which includes the amount of Rs.2,49,583/- to the complainants, he was of course liable to pay the amount to the complainants, which he failed to pay.  The FCI Society was practically being run by Roshan Lal Khanagwal, President and Yogender Kumar, Secretary.  The President and the Secretary of the FCI Society were actively involved in the affairs of the FCI Society. The complainants unnecessarily impleaded Registrar, Cooperative Societies, Haryana in the array of opposite parties.  So, in considered opinion of this Commission, Registrar, Cooperative Societies, Haryana and the Members of the FCI Society had no role to play and were not necessary parties. 

8.                So far as the liability of the FCI is concerned, FCI had no role to play with the functioning of the Society. It was the Society formed by its Members. The complainant impleaded the FCI just for the sake of making it a party, a fact which has not been disputed by the learned counsel for the complainant. So, the FCI could not be held liable to pay the amount deposited by the complainant with the FCI Society.  This being so, the District Forum had wrongly directed the FCI and the members of the FCI Society to pay the amount along with other opposite parties jointly and severally.  In view of this, order under challenge is set aside qua the members of the FCI Society and the FCI.  Both the appeals are accepted, the impugned order is set aside qua the FCI and the Members of the FCI Society.

9.                The statutory amount of Rs.25,000/- and Rs.20,000/- deposited at the time of filing the appeals be refunded to the respective appellants against proper receipt and identification in accordance with rules, after expiry of period of appeal/revision, if any.

 

 

Announced 29.11.2017

Diwan Singh Chauhan Member

Balbir Singh Judicial Member

Nawab Singh President

CL