Karnataka

StateCommission

A/263/2013

Sanjay Bandu Khot - Complainant(s)

Versus

Sri. Jyotirling Credit Souhard Sahakari - Opp.Party(s)

Vishwanath H.M.

11 Oct 2023

ORDER

Date of Filing :04.03.2013

Date of Disposal :11.10.2023

 

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)

 

DATED:11.10.2023

 

PRESENT

 

HON’BLE Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

 

Mr K BSANGANNANAVAR: JUDICIAL MEMBER

 

Mrs DIVYASHREE M:LADY MEMBER

 

 

APPEAL No.263/2013

 

 

Mr Sanjay Bandu Khot

S/o Mr Bandu Khot

Aged about 41 years

R/o Galataga Post

Chikodi Taluk

Belgaum District – 591 219                                                  Appellant

(By Mr Vishwanath H M Advocate)

 

   -Versus-

 

1.  Sri Jyotirling Credit Souhard

     Sahakari Ltd.,

     Khadaklat, Chikodi Taluk

     Belgaum District

     Rep. by its Secretary

     Sri Sanjay Shivappa Sankaje

     (By Mr G Raghavendra Rao, Advocate)

 

2. M/s Kedarling Credit Souhard

    Sahakari Niyamit

    Galatga, Chikodi Taluk

    Belgaum District

    Represented by its Administrator                               Respondents

 

:ORDER:

 

Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

 

1.       This Appeal is filed under Section 15 of Consumer Protection Act 1986 by the OP1/JDr1, aggrieved by the Order dated 05.02.2013 passed in Execution Petition No.89/2012 on the file of District Consumer Disputes Redressal Forum, Belgaum(for short, the District Forum).

 

2.       Heard the arguments of counsels on Record. Perused the grounds of the Appeal and secured lower court records.

 

 

3.       In this Appeal, JDr1 is in Appeal contended that he is Ex-Chairman of Kedarling Credit Souhard Sahakari Niyamit, Galatga, Chikodi Taluk, Belgaum District and he has tendered his Resignation to the post of Chairman of this Organisation in the year 2006.  The Appellant Society stood superseded and an Administrator appointed on 29.09.2009.  As on the date of filing of the Complaint, there was no Chairman and Secretary to the Kedarling Credit Souhard Sahakari Niyamit, hence, the Appellant was not responsible for the act committed by the Society. The Appellant contended that the District Forum failed to appreciate that the Secretary of the Society is the competent person to sue and to be sued, therefore, issuance of NBW against the Appellant is liable to be set aside.

 

4.       Perusal of the records reveals that the present Appeal is preferred, after the District Forum had issued NBW against JDr1 and steps have been taken against JDr2.

 

5.       Further perusal of the records, reveals that on 03.12.2009, Complainant had filed a Complaint No.785/2009, against the OPs for deficiency in service, before the District Forum, alleging that he had deposited a sum of Rs.5,35,700/- with OPs Society on different dates as 9 FDs in the year 2000 for a duration of one year.  After the 9 FDs attained its maturity date for payment, the OPs failed to refund the said amount. OP1 is represented by its Chairman and OP2 is represented by its Secretary.  The District Forum after enquiring into the matter deemed it fit to allow the Complaint and directed the OPs to pay the matured FD amount of Rs.5,35,700/- with interest @ 6% p.a from 03.12.2007 till the date of payment. Subsequently, the Complainant preferred the Execution Petition No.89/2012 before the District Forum, Belgaum.

 

6.       On perusal of order sheet of EP No.89/2012 produced along with Appeal Memo it is seen that on 05.09.2012, the District Forum on the basis of the documents produced by the D.Hr under Right to information Act, the person mentioned in the list for the year 2009-10 were the Chairman and Director, issued the Notice to JDr1 by name and steps to JDr No.2 by 04.10.2012. On 04.10.2012, notice issued to JDr No.1 not returned posted the case to 05.12.2012.   On 05.12.2012, notice on J.Dr 1 returned not claimed and J.Dr1 has remained absent, issued NBW against J.Dr1 by 05.12.2013.

 

7.       Further on perusal of the Annexure-A, A1 and A2 annexed to the Appeal Memorandum, it is seen that the Appellant Mr Sanjay Bandu Khot has forwarded letter dated 22.05.2006 of his Resignation to the post of Chairmanship of Kedarling Credit Souhard Sahakari Niyamit to its Managing Director, Karnataka State Souharda Federal Co-operative Ltd., Bangalore, Assistant Controller of Co-operative Society, Chikkodi and Executive Officer of Kedarling Credit Souhard Sahakari Niyamita, Galagata, Chikkodi Taluk, Belgaum District. To prove the case of the Appellant, he has not produced any document to show that his resignation letter has been accepted by the Society.

Further on perusal of Annexure-B, annexed to the Appeal Memorandum, it is seen that The Karnataka State Souharda Federal Co-operative Ltd., Bangalore exercising its powers under Section 38 of Karnataka Souharda Sahakari Act, 1997 has superseded the Board of Directors of Kedarling Credit Souhard Sahakari Niyamit and appointed an Administrator by an Order dated 29.09.2009 vide No.Samsa:BGM-101/Pra-2/2009 pointing out non-functioning of the society, non-recovery & irregularity committed by Members of the Committee, appointed an Administrator Sri. S.S.Deshmane, Retd., Assistant Controller of Co-operative Society for a period of six months from the date of taking of charge.   Thus all these documents not at all examined by the District Forum. 

8.       Notwithstanding anything, the litigating parties are permitted to get their bone of contention resolved through Conciliation/Mediation or through Lok Adalat, if they so desire and in any case dispose off the matter within the next 6 weeks from the Date of receipt of this Order, since the Complainant/Respondent has been litigating for a long time now.

 

9.       In view of foregoing observations, Appeal is disposed of with a direction to the District Commission to proceed with the Execution Proceedings pending and to recover the amount in accordance with law to implement the mandate of the award passed in the Complaint.

 

10.     Return the LCR forthwith to the District Commission.

 

 

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11.     Send a copy of this Order to the District Commission as well as to the parties concerned, immediately.

         

 

Lady Member                       Judicial Member                      President

*s