| Final Order / Judgement | Dated: 08.05.2024 COMMON ORDER IN A/985 to 990/2024 BY HON’BLE Mr. JUSTICE HULUVADI G RAMESH : PRESIDENT - These appeals are set for hearing on admission. The Commission heard learned counsel for Appellant in all these appeals. Learned counsel submits that the Commission in A/1871/2023, on 19.10.2023 passed the below mentioned order in Para-4 to 6 which reads thus-
- It is undisputed that, the Complainants have deposited the amount under FD, RD, Pension plan and Share certificate with OP society in the year 2014 and 2015. However, OPs accusing one on the other, failed to release the amount. It is found from the enquiry, that Police have registered the FIR in CR/90/2016 for punishable U/s.408, 420, 417 R/w.34 of IPC and Police conducted investigation and seized books of accounts and records of the society and filed charge sheet in CC/36/2017 and police have not charge sheeted against other OPs. Hence, by submitting that there was no charge sheeted against other OPs, cannot escape from the liability. From this, it is evident that the CBT Multipurpose Souharda Co-operative Society, Bagalkot is shown to be in existence and the present office bearers whether or not are still continued or not or anybody comes over in their place is immaterial since society is shown to be in existence and is bound to settle the disputes of the poor depositors in accordance with law.
- Further, we noticed that none of the particulars were furnished as to conducting of general body meeting, audit etc., From this, it seems to be, no such activities have been conducted in the society by the board of directors/office bearers. If such activities would have conducted periodically, could have avoided the misappropriation of fund, so also, injustice to the depositors. As such, all office bearers, whether they are retired or in service in the society, are to be held defaulter for such misappropriation.
- No doubt it is true that being accepting the amount from the depositors as FD, RD etc., society alone is responsible for return the amount after its maturity. In other words, Society’s President/Ex-President, other office bearers, Secretary/Ex-Secretary, Treasurer/Ex-Treasurer, Directors/Ex-Directors, Manager/Ex-Manager or with any other designation as the case may be who were indulged in fraudulent activity with view to defraud the Complainants are liable to return the FDRs along with interest.
- Since A/1871/2023 is disposed off with a direction to Commission below to re-admit the complaint case and issue notice to all the parties to examine whether President/Ex-President or other office bearers, Secretary/Ex-Secretary, Treasurer/Ex-Treasurer, Directors/Ex-Directors, Manager/Ex-Manager as the case may be indulged in misfeasance/fraudulent activity with a view to defraud the Complainants under the cloak of CBT Multipurpose Souharda Co-operative Society, Bagalkot and to decide who are all liable to repay the maturity value of the amount deposited by the Complainants in various forms such as FD, RD, Pension plan and Share certificates. Further the Commission below is directed to allow all parties to the complaint case to place evidence and additional evidence if any on record and decide the complaint cases as observed as early as possible keeping in mind the object of Consumer Laws, Date of Receipt of the Complaint Case and the Date of Deposits. It is therefore, learned counsel for Appellant submits that these appeals are also filed to set aside the impugned order passed in CC/66 to 71/2019 dtd.31.03.2021 on the same line, is hereby recorded and the Commission found not necessary to make mention of all facts of these appeals, since Bhimannagouda, Aged about 32 years, Manager, CBT Multipurpose Souharda Co-operative Society, Bagalkot is a common party as an Appellant, not only in these appeals but in A/1871/2023 decided by the Commission on 19.10.2023.
- In the above such circumstances, to avoid conflict of decisions followed by the aforesaid order, proceed to dispense with issuance of appeal and IA notice to be served on respondents to avoid further delay for the reasons recorded in the said order and proceed to allow A/985 to 990/2024, consequently, impugned orders passed in CC/66 to 71/2019 dtd.31.03.2021 are hereby set aside and remand back CC/66 to 71/2019 to the Commission below to decide as observed in A/1871/2023 already decided on 19.10.2023.
- Keep the original order in A/985/2024 and copies thereon in rest of the connected appeals.
- Notify copy of this Order to the District Commission and parties to the appeal.
LM JM President NS | |
