Maharashtra

StateCommission

A/10/849

SHRI SARJERAO MAHADEV JADHAV - Complainant(s)

Versus

PADMAVATI MAHILA NAGARI SAHKARI PAT SANTHA MARYADIT KOLHAPUR - Opp.Party(s)

VIJAY CHAVHAN

30 Aug 2010

ORDER


BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL

COMMISSION, MAHARASHTRA, MUMBAI
First Appeal No. A/10/849
(Arisen out of Order Dated 15/07/2010 in Case No. 584/09 of District Kolhapur)
1. SHRI SARJERAO MAHADEV JADHAVR/O JADHAV MALA VADGANE TAL KARVEER KOLHAPURMAHARASHTRA ...........Appellant(s)

Versus
1. PADMAVATI MAHILA NAGARI SAHKARI PAT SANTHA MARYADIT KOLHAPUR686 E WARD SHAHUPURI 3 RD LANE KOLHAPUR KOLHAPURMAHARASHTRA ...........Respondent(s)

BEFORE :
Hon'ble Mr. S.R. Khanzode PRESIDING MEMBERHon'ble Mr. Dhanraj Khamatkar Member
PRESENT :

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ORDER

Per Shri S.R. Khanzode – Presiding Judicial Member:

 

     All these appeals are disposed of by this common judgement since they involved identical facts and common question of law.  These appeals challenge the order passed in the Consumer Complaints which were disposed of by the common order dated 15.07.2010 passed by District Consumer Disputes Redressal Forum, Kolhapur in consumer Complaint Nos.583/2009, 584/2009, 585/2009, 586/2009, 744/2009 and 745/2009.  All these complaints which were filed for alleged deficiency in service for not returning the deposit amounts, stood dismissed considering the policy decision as imposed on the Society by the order of the Registrar.  Feeling aggrieved thereby the original Complainants have preferred these appeal.

 

     We heard Mr.Prashant Patil, Advocate, proxy for Mr.V.S. Chavan, Advocate for the Appellants. 

 

     In the instant case, Commissioner for the Co-operation within its power intervened and issued a circular with a view to afford stability to the Respondent Society.  Said decision was taken keeping in view larger interest of the Society and public at large including the depositor.  Said decision was unsuccessfully challenged before the High Court.  In the circumstances, since, Society was acting as per the direction of the lawful authority in returning the deposits, it cannot be said that merely because, Complainants asked for the return of deposits and Society did not return it instantly, there is deficiency in service on the part of the Society.  Forum below rightly dismissed the complaints and we find no reason to interfere in the impugned order passed by the Forum below.  Hence, the order:

 

O  R  D  E  R

 

     (i)       Appeal Nos.848/2010, 849/2010, 850/2010, 851/2010, 852/2010 and 853/2010 are not admitted and stand rejected accordingly.

 

    (ii)       No order as to costs.

PRONOUNCED :
Dated : 30 August 2010

[Hon'ble Mr. S.R. Khanzode]PRESIDING MEMBER[Hon'ble Mr. Dhanraj Khamatkar]Member