Per Shri P.N. Kashalkar, Hon’ble Presiding Judicial Member

          This is an appeal filed by org. opponent No.6 against the judgement and award passed by District Consumer Forum, Sangli in consumer complaint No.1373/2008 decided on 30/07/2009.  By said judgement and award, Forum below allowed the complaint against Smt.Lilatai Vishwanath Patil Nagri Sahakari Patsanstha Maryadit, Sangli (hereinafter referred as ‘Credit Society’) and against the Chairman and Directors of the said Credit Society and all of them, were jointly and severally held liable and were directed to pay deposit amount with interest to the org. complainants/respondent Nos.1&2 herein and also directed to pay `1,000/- as costs.  Aggrieved by this award, org. Opponent No.6-Shri Dhananjay Dadasaheb Pomaje has filed this appeal.

          The facts need not be stated in detail.  Suffice it to say that respondent Nos.1&2 in all deposited `3,96,000/- with the Credit Society and on maturity, said amount was not refunded with interest as per the scheme floated by the Credit Society.  Hence, complainants filed consumer complaint against the Credit Society and Directors of the Credit Society.  The complaint was allowed after contest and award has been passed against the Credit Society as well as its Directors jointly and severally.  Against that award, opponent No.6 has filed this appeal.

          We heard Mr.A.J. Chougule, Advocate for the appellant and Mr.S.M. Vanjole, Advocate for respondent Nos.1&2.

          We are finding that there is patent lacuna in the judgement and award passed by District Consumer Forum, Sangli so far as this appellant is concerned.  Appellant was no doubt a Director of this Credit Society till 2006.  On 29/11/2006 he tendered his resignation to the Credit Society.  The credit Society in its meeting held on 24/03/2007 accepted the resignation of appellant herein by passing Resolution to that effect.  The Credit Society also informed the appellant in writing by letter dated 25/04/2007 that his resignation has been accepted in the meeting held on 24/03/2007 and he had been relieved from the directorship.  Thereafter, the appellant had also informed the Deputy Registrar, Co-op. Societies, Miraj on 21/11/2008 about his resignation and also to the District Deputy Registrar, Co-op. Societies, Sangli by letter dated 21/11/2008.  What is pertinent to note is the fact that the Credit Society had issued letter dated 07/08/2009 to Shri D.D. Pomaje/appellant herein that the Board of Directors of the Credit Society were following persons on 01/12/2008.  01/12/2008 is the date which is before filing of consumer complaint by respondent Nos.1&2.  By the said letter, it has been informed by the Credit Society to Mr.Pomaje that the named persons in the list are the present Directors of the Credit Society.  In that list, name of appellant is absent.  We are therefore finding that as against this voluminous document on record and when it is abundantly clear that Shri Pomaje had resigned from directorship of the Credit Society on 29/11/2006 which was accepted by the Credit Society in its meeting held on 24/03/2007, the complaint was allowed holding appellant as liable.  This plea was also specifically taken in his written version.  But, the Forum below brushed aside this plea by simply mentioning that the Deputy Registrar of Co-op. Societies, Miraj had given letter dated 01/12/2008 wherein the Deputy Registrar, Miraj had shown the appellant as Director of the Credit Society.  However, this list of directors was for the year 2003-04 as on 04/11/2003.  So, respondents had procured list of Board of Directors for the period 2003-2004 from the Deputy Registrar, Co-op. Societies, Miraj on 01/12/2008 and filed consumer complaint presuming that the appellant herein was the Director of the Credit Society.  This letter specifically mentioned that the list of Directors is pertaining to the period 2003-04.  It is not the list pertaining to 01/12/2008 on which date the Credit Society had given letter to Mr.Pomaje/appellant herein. In any view of the matter, we are thoroughly convinced that when the complaint was filed, appellant was not on the Board of Directors of the Credit Society and therefore, the award should not have been passed against the appellant by the District Consumer Forum ignoring all those vital documents placed on record. 

          Resignation of any Director or Chairman for that matter operates from the date it is tendered or from such other date as may be stated in the resignation letter.  This is a well settled position of law as has been laid down by various authorities by Bombay High Court as well as by Hon’ble Supreme Court.  In this view of the matter, appellant seems to have ceased to be a Board of Director of the Credit Society on the date when he tendered his resignation i.e. 29/11/2006 and when the consumer complaint came to be filed on 11/12/2008 on that date certainly the appellant was not Board of Director of the Credit Society.  As such, an award passed by the Forum below fastening liability on the appellant along with other directors is appearing to be erroneous, bad in law and cannot be allowed to sustain in law and to this extent appeal will have to be allowed partly.  Hence, we pass the following order :-

                              -: ORDER :-

1.     Appeal is allowed.  The impugned order dated 30/07/2009 is quashed and set aside so far as this appellant is concerned.  The consumer complaint No.1373/2008 stands dismissed as against present appellant/Shri Dhananjay Dadasaheb Pomaje only.

2.     We make it clear by way of clarification that the judgement/award is quashed only as against present appellant, but said judgement and award shall be in force and executable as against the remaining Directors along with the Credit Society.

3.     Amount deposited by the appellant in this Commission at the time of filing this appeal be refunded to the appellant forthwith.

4.     No order as to costs.

5.     Copies of the order be furnished to the parties.