Date of Filing : 14.02.2020
Date of Disposal : 28.06.2021
BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)
DATED THIS THE 28th DAY OF JUNE-2021
PRESENT
Mr. KRISHNAMURTHY.B.SANGANNANAVAR : JUDICIAL MEMBER
Mrs M.DIVYASHREE : LADY MEMBER
APPEAL NO.145/2020
- The Chairman
Shri Basaveshwar Urban
Credit Souhard Sahakari Nymt,
Sankeshwar, Ghataprabha Branch,
Belagavi District.
- The Chief Executive Officer
Shri Basaveshwar Urban
Credit Souhard Sahakari Nymt,
Sankeshwar, Ghataprabha Branch,
Belagavi District.
- The Manager
Shri Basaveshwar Urban
Credit Souhard Sahakari Nymt,
Sankeshwar, Ghataprabha Branch,
Belagavi District.
- The Accountant
Shri Basaveshwar Urban
Credit Souhard Sahakari Nymt,
Sankeshwar, Ghataprabha Branch,
Belagavi District...Appellant/s
(By Sri.Kumar.A.Patil, Advocate)
Smt.Laxmibai Veerabhadra Pattar
Aged about 45 years,
Occ.Household Work,
R/at Naganur Village,
Gokak Taluk,
Belagavi District...Respondent/s
(By Sri.Rajkumar.R.Naik, Advocate)
O R D E R
Mr. KRISHNAMURTHY.B.SANGANNANAVAR : JUDICIAL MEMBER
- This is an Appeal filed U/s 15 of Consumer Protection Act, 1986 by the Opposite Parties No.1 to 4/appellants herein aggrieved by the impugned order dated 04.01.2019 passed by Belagavi District Consumer Disputes Redressal Commission in C.C.No.2001/2018 (for short District Commission) by condoning the delay of 375 days.
- The Commission heard the learned counsels on record for parties to the appeal and perused the impugned order, wherein found the Commission below directed the OPs.1 to 4 do pay jointly and severally, the fixed deposits made by the Complainant/Respondent herein along with interest at 12% p.a. from the date of investment till the date of maturity along with future interest at 9% p.a. from the date of maturity till realisation of the entire amount. It is to be noted herein that, these OPs kept mum and after lapse of 375 days preferred this appeal is one thing and if we examine the impugned order, could see, the Commission below in right appreciation of the original Fixed Deposit Receipts (FDRs) produced at Ex-P1 to P7 recorded an affirmative findings on the allegations of the deficiency in service on the part of Shri Basaveshwar Urban Credit Souhard Sahakari Nymt, Sankeshwar, Ghataprabha Branch, Belagavi District. However, such findings could have been recorded against the Secretary/CEO of the said society since the society is subject to be sue or be sued and not the Chairman or the Directors or the Manager or the Accountants. In this regard from the enquiry file we could not find any allegations made by the Complainant against, either present or former Chairman or Directors or Manager or Accountants as the case may be as to their indulging in illegal activities to swindle the funds of the society. In such circumstances, the impugned order passed by the Commission below could not be maintained in so far as against OPs.1, 3 & 4. However it could be maintained as it is in so for as OP.2 is concerned. Accordingly, the impugned order dtd.04.01.2019 passed in CC.No.2001/2018 by Belagavi District Consumer Disputes Redressal Commission stands modified and disposed of this appeal with no order as to cost.
- The amount in deposit is directed to be transfer to the Commission below for needful.
- Send a copy of this Order to the District Commission and parties.
Lady Member Judicial Member
*NSG*
