02.04.2024:-

COMMON ORDER IN A.NOs.274 to 290 OF 2024

HON’BLE MR. JUSTICE HULUVADI G. RAMESH, PRESIDENT

01.   The above Appeals are set for hearing on admission. The Commission heard Learned Counsel for Appellant in all the above Appeals.  Learned counsel for Appellant files Memo with certified copy of the Common Order dated: 22.12.2023 passed in Appeal Nos.2031 to 2038/2023 and submits that, this Hon’ble Commission had already allowed the said Appeals by remanding back the consumer complaints to the below Commission to decide as observed in A/1871/2023, dated: 19.10.2023.  Further LC submits that, these are all similar Appeals filed by the Appellant herein, so prayed to allow the same to avoid confliction of judgment.  Hence heard the LC for Appellant and perused the Impugned order, grounds of Appeal and the Appeal papers on record in all the above Appeals.   It reveals that, all these 17 Appeals are filed arising out of same cause of action and the Appellant herein is same and the Respondents are different and hence to avoid repetition of facts we proceed to pass this common order. 

02.    The parties to these Appeals will be referred to as their rank assigned to them by the Commission below.

03.   The JDR - Bhimannagouda has filed these 17 Appeals Under Section 73 of the Consumer Protection Act, 2019 challenging the impugned orders passed by the District Consumer Disputes Redressal Commission, Bagalkot, seeking relief to set aside the impugned order passed in the above Appeals and to grant stay to the execution proceedings by remanding back the consumer complaint for re-trial.  The details of the above 17 Appeals are as under:-

04.   Further on perusal of Appeal order submitted by the LC for JDR in Appeal Nos.2031 to 2038/2023 it reveals that, by referring to the earlier order passed by this Commission in Appeal No.1871/2023 dated: 19.10.2023 by concluding that, to avoid confliction of decisions this Commission had allowed the Appeal Nos.2031 to 2038/2023 by remanding back the consumer complaints to the District Commission consequently set aside the impugned orders passed in the respective consumer complaints.  As the same cause of action arose in the instant 17 Appeals also and the grounds were urged by the Appellant herein and hence proceed to pass the final order.

05.   At Para-1 of the Appeal order passed in Appeal Nos.2031 to 2038/2023 this Commission had referred Para-4 to 6 of Appeal order No.1871/2023 which reads as under:-

4. 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 punishable under sections 408, 420, 417 R/w section 34 of IPC and Police have conducted investigation and had seized the books of accounts and records of the OP-Society and filed charge-sheet in CC/36/2017 and police have not filed charge-sheet against other OPs. Hence, by submitting that, there was no charge sheet 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 or still continued or not or anybody comes over in their place is immaterial, since OP-Society is shown to be in-existence and is bound to settle the disputes of the poor depositors in accordance with law.

5. 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 OP-Society by the Board of Directors/office bearers. If such activities would have been conducted periodically, it could have avoided the misappropriation of funds, so also, injustice to the depositors. As such, all office bearers, whether they are retired or in service in the OP-Society are to be held as Defaulter for such misappropriation.

6. No doubt it is true that being accepting the amount from the depositors as FD, RD etc., OP-Society alone is responsible for returning 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 designated persons as the case may be who were indulged in fraudulent activity with a view to defraud the Complainants are liable to return the FDRs along with interest.

06.   Since Appeal No.1871/2023 and Appeal Nos.2031 to 2038/2023 was disposed-off with a direction to the below Commission to re-admit the consumer complaints and to 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 consumer complaints to place evidence and additional evidence if any on record and decide the consumer complaints as observed as early as possible keeping in mind the object of Consumer Laws, Date of Receipt of the consumer complaints and the Date of Deposits. It is therefore, the Learned Counsel for Appellant submits that, these 17 Appeals are also filed to set aside the impugned orders passed in CC No.18/2022, dated: 20.08.2022, CC No.19/2022, dated: 22.08.2022, CC No.36/2022, dated: 23.08.2022, CC No.144/2018, dated: 31.03.2021, CC No.128/2018, dated: 15.11.2021, CC No.147/2018, dated: 30.07.2021, CC No.37/2022, dated: 24.08.2022, CC No.143/2018, dated: 30.07.2021, CC No.156/2018, dated: 15.11.2021, CC No.75/2019, dated: 09.06.2022, CC No.145/2018, dated: 30.07.2021, CC No.17/2022, dated: 19.08.2022, CC No.128/2018, dated: 15.11.2021, CC No.143/2019, dated: 30.07.2022, CC No.16/2022, dated: 18.08.2022, CC No.15/2022, dated: 17.08.2022, and CC No.14/2022, dated: 16.08.2022 respectively on the same line, is hereby recorded and the Commission found not necessary to make mention of all facts of these 17 Appeals, since Bhimannagouda, Aged about 32 years, Manager, CBT Multipurpose Souharda Co-operative Society is a common party as an Appellant, not only in these 17 Appeals but in Appeal No.1871/2023 and Appeal Nos.2031 to 2038/2023 decided by the Commission on 19.10.2023 and 22.12.2023 respectively. In the above such circumstances, to avoid conflict of decisions, followed by the aforesaid orders, proceed to dispense with issuance of notice 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 remand back CC No.18/2022, dated: 20.08.2022, CC No.19/2022, dated: 22.08.2022, CC No.36/2022, dated: 23.08.2022, CC No.144/2018, dated: 31.03.2021, CC No.128/2018, dated: 15.11.2021, CC No.147/2018, dated: 30.07.2021, CC No.37/2022, dated: 24.08.2022, CC No.143/2018, dated: 30.07.2021, CC No.156/2018, dated: 15.11.2021, CC No.75/2019, dated: 09.06.2022, CC No.145/2018, dated: 30.07.2021, CC No.17/2022, dated: 19.08.2022, CC No.128/2018, dated: 15.11.2021, CC No.143/2019, dated: 30.07.2022, CC No.16/2022, dated: 18.08.2022, CC No.15/2022, dated: 17.08.2022, and CC No.14/2022, dated: 16.08.2022 respectively to the below Commission to decide as observed in Appeal No.1871/2023 and Appeal Nos.2031 to 2038/2023 already decided on 19.10.2023 and on 22.12.2023 respectively.  No order as to costs.

07.    The original of this Appeal order shall be kept in A.No.274/2024 and a certified copy thereof shall be kept in Appeal Nos. 275 to 290/2024.

08.    Provide copy of this order to the concerned District Commission as well as to the parties to the Appeals.

                    Sd/-                                                  Sd/-

       JUDICIAL MEMBER                         PRESIDENT

KNMP*