Per :- Mr. Deshpande, President Place : BANDRA JUDGMENT The Complainant is a member of the Opposite Party – Society; and he is in possession of a flat bearing No.10, in ‘A’ Wing. According to the Complainant, for several years preceding to present complaint, the Opposite Party – Society; had not sent him the notices of general body meeting as if, he was not a member. [2] The Complainant has also expressed a grievance regarding demand bills sent to him by the Opposite Party – Society. According to the Complainant, the demand bill dtd.22/3/2006 was for an amount in sum of Rs.1,67,759/- and interest was charged at an amount in sum of Rs.2,441/- for the delayed payment. According to the Complainant, this amount was not payable. In fact, the Complainant has paid to the Opposite Party – Society; an amount in sum of Rs.1,06,648/- and in fact, the Complainant is liable to pay an amount in sum of Rs.46,582/- only. [3] It is also a grievance of the Complainant that the Opposite Party – Society; has firstly appropriated the amounts towards interest and balance amount towards principal, which has caused prejudice to the Complainant. [4] The Complainant sent a notice dtd.23/5/2006, through an advocate, calling upon the Opposite Party – Society; rectify the statement of accounts and the Opposite Party – Society; replied that notice and denied the contents thereof and raised false contentions. Ultimately, the Complainant filed present complaint, seeking direction as against the Opposite Party – Society; to rectify his statement of accounts, as per the statement of accounts annexed to the complaint. [5] Pursuant to the notice of appearance issued by this Forum, the Opposite Party – Society; appeared and contested the complaint by filing its written version of defence and took stand that the Complainant had filed similar application before the Deputy Registrar of Co-operative Societies and the Opposite Party – Society; filed a reply to that application. Thereafter, no action was taken by the Deputy Registrar of Co-operative Societies. The Opposite Party – Bank; also took stand that the Complainant has committed huge defaults in making payment of the demand bills to the Opposite Party – Society; and when payment as per the bill was not made within a period of fifteen days, the Opposite Party – Society; charged interest @ 21% p.a., on the basis of a resolution passed in the general body meeting. The Opposite Party – Society; also referred to the proceeding under Section-101 of the Maharashtra Co-operative Societies Act, 1960; initiated against the Complainant and recovery certificate issued by the Assistant Registrar of Co-operative Societies. According to the Opposite Party – Society; in fact, the Complainant does not reside in the said flat and he resides elsewhere. [6] The Complainant filed his rejoinder to the written version of defence, as filed by the Opposite Party – Society; and gave details of payments made by him starting from 26/9/1994. [7] Parties to the complaint proceeding have filed their respective affidavits of evidence, copies of relevant documents as well as written notes of arguments. [8] We have gone through the pleadings, affidavits and documents as well as written notes of arguments filed by the parties. [9] We take the points that arise for our consideration and record our findings there-against as below:- Sr. No. | Points for consideration | Findings | 1. | Whether the Complainant has proved that the Opposite Party – Society; is guilty of deficiency in service with regard to financial account of the Complainant? | NO | 2. | What order? | The complaint stands dismissed. |
REASONS FOR FINDINGS [10] In the written version of defence as well as written notes of arguments, the Opposite Party – Society; has taken stand that on 31/7/2004, the Complainant had committed default in making payment of outstanding amount in sum of Rs.2,00,514/- and on account of default, interest @ 21% p.a., was levied. Alongwith the written version, at Exhibit-B, the Opposite Party – Society; has produced on the record a copy of statement of accounts pertaining to the Complainant to explain as to how this outstanding amount was arrived at. The Opposite Party – Society; then, referred to the proceeding initiated against the Complainant herein, under Section-101 of the Maharashtra Co-operative Societies Act, 1960. Copy of the resolution at Exhibit-G, annexed to the written version, shows that Managing Committee of the Opposite Party – Society; had passed a resolution to initiate legal action against the Complainant to obtain recovery certificate under Section-101 of the Maharashtra Co-operative Societies Act, 1960. [11] It appears that pursuant to that resolution, recovery proceeding, as per copy at Exhibit-I, came to be initiated against the Complainant. Below the written notes of arguments, as filed by the Opposite Party – Society; there is a copy of recovery certificate dtd.26/11/2008, issued by the Assistant Registrar of Co-operative Societies, Mumbai. That certificate under Section-101 of the Maharashtra Co-operative Societies Act, 1960; was issued for an amount in sum of Rs.2,02,524/-. Obviously that was the outstanding amount as on 31/7/2008. Present complaint came to be filed before this Forum on 11/4/2008 and thus, it is seen that during pendency of present consumer complaint, the Assistant Registrar of Co-operatives has issued a recovery certificate under Section-101 of the Maharashtra Co-operative Societies Act, 1960; for an amount in sum of Rs.2,02,524/-. There is no evidence on the record and it is also not the case of the Complainant that he has challenged this particular order passed by the Assistant Registrar of Co-operative Societies, by way of revision application before the Divisional Joint Registrar of Co-operative Societies. Complainant has not obtained say to the execution of this certificate issued by the Assistant Registrar of Co-operative Societies. Thus, in absence of any challenge to this certificate, it has become final & conclusive. Even otherwise, in view of provisions contained in Section-101(3) of the Maharashtra Co-operative Societies Act, 1960; a certificate issued under Section-101 of the said Act is final & conclusive. This Forum is not invested with a jurisdiction to go into question of correctness of the said certificate. Since that certificate has achieved finality, now the question of giving direction to the Opposite Party – Society; to rectify the statement of accounts pertaining to the Complainant does not survive. [12] Even otherwise, we find that the Complainant had committed consistent defaults in making payments and the bills were not regularly paid leading to arrears, which ultimately culminated into legal action at the hands of the Opposite Party – Society; and therefore, even on facts, the Complainant is not entitled to relief, as sought in the complaint. With this, we proceed to pass the order as below:- ORDER The complaint stands dismissed. No order as to costs. Parties shall be informed accordingly, by sending certified copies of this order.
| | [HONABLE MRS. Mrs.DEEPA BIDNURKAR] Member[HONABLE MR. Mr. J. L. Deshpande] PRESIDENT[HONABLE MR. MR.V.G.JOSHI] Member | |
