Per Shri S.R. Khanzode, Hon’ble Presiding Judicial Member This appeal takes an exception to the order dated 07/01/2010 V/s. in consumer complaint No.143/2010, Shri Manikrao Vithoba Nehe V/s. Chairman, Shri Shaukat A. Shaikh & Anr., passed by District Consumer Forum, Nashik (‘Forum below’ in short). Undisputed facts are that the appellant/org. complainant (hereinafter referred to as ‘complainant’) is the member of Mico Employees Co-op. Credit Society Ltd., Nashik. One recurring deposit account was opened with the said Credit Society and accordingly till January 2009 monthly contribution towards recurring deposit was deducted from the salary of the complainant by the said Credit Society. Thereafter, the Credit Society did not deduct any amount from the salary towards recurring deposit. Thereafter, there was settlement between complainant and said Credit Society for the amount accumulated in the recurring deposit account, and it was settled that the amount be credited in the Fixed Deposit with the said Credit Society itself. Accordingly, on 26/02/2009 complainant filled the form of Fixed Deposit for amount of `2,92,733/- and `1,31,460/- and the amounts were kept in the Fixed Deposit. Thereafter, complainant felt that there is some mistake in the calculation and on 16/03/2009 the dispute was raised. According to the complainant, there is difference of `73,398/-. However, the Credit Society did not agree to it or accept the said contention of the complainant and not satisfied with such denial, consumer complaint was filed by the complainant on 30/06/2009. Said consumer complaint stood dismissed and feeling aggrieved thereby, complainant has preferred this appeal. We heard both the parties. Perused the record. We make a specific enquiry from the Learned Counsel appearing for the appellant/complainant, firstly, how this could be a consumer dispute and secondly, what should be the effect of non-joinder of a party since it is brought to our notice that Mico Employees Co-op. Credit Society Ltd. is not a party to this consumer complaint. Learned Counsel appearing for the appellant/complainant barely submitted that it is undoubtedly a consumer dispute and did not give any satisfactory explanation as to why Mico Employees Co-op. Credit Society Ltd. was not joined as party to this dispute. Referred to the title of the consumer complaint and even in this appeal, Chairman, Shri Shaukat A. Shaikh is O.P.No.1, thereafter, Manager, Shri R.N. Lage of the said Credit society is O.P.No.2 as well as respondents in this appeal. Thus, the consumer complaint is filed personally against Shri Shaukat A. Shaikh and Mr.R.N. Lage and Credit Society is not a party which is a separate juridic entity. Since, the transaction is with the Credit Society, unless said Credit Society is joined as party, no dispute can be settled, as alleged, in the consumer complaint. Furthermore, if there is any dispute arose after keeping the respective amounts in the Fixed Deposit by the complainant, regarding amount of previous recurring account, certainly, no deficiency in service could be alleged against Shri Shaukat Shaikh and Mr.R.N. Lage and no consumer complaint is lie. Considering the overall circumstances, we find no reason to interfere with the impugned order dismissing the consumer complaint and thus, finding the appeal devoid of any substance, we pass the following order :- -: ORDER :- 1. Appeal stands dismissed. 2. No order as to costs. 3. Copies of the order be furnished to the parties. |
