BEFORE THE DISTRICT FORUM:KURNOOL
Present: Sri.K.V.H.Prasad, B.A.,LL.B. President
And
Smt. C.Preethi, M.A.LL.B., Lady Member
Wednesday the 9th day of July, 2008
C.C.No. 168/07
Between:
Wings Society represented by its President, Kota Dhanunujaya Rao,
S/o. K. Subbarayudu,
R/o. 25/271-2, Sanjeevanagar, Nandyal, Kurnool District.
… Complainant
Versus
The Branch Manager, State Bank of India,
Nandyal Main Branch, Nandyal. … Opposite party
This complaint is coming on this day for orders in the presence of Sri. S.Sivarama Krishna Prasad, Advocate, for the complainant, and Sri. K. Rama Krishna Rao, Advocate, for the opposite party and upon perusing the material papers on record, the Forum made the following:-
ORDER
(As Per Sri.K.V.H.Prasad, President)
C.C.No.168/07
1. This case of the complainant - Wings Society, Represented by its President Kota Dhanunjaya Rao registered under Society Registration Act, is filed U/s 12 of C.P.Act seeking the payment of Rs.1,44,696/- as amount of cheque, Rs.50,000/- towards damages and cost of the complaint, alleging the opposite party honoring for encashment a cheque bearing No.371587 dated 20-9-2007 for Rs.1,44,696/- inspite of instructions, to stop the transactions in the account and deducting a sum of Rs.110/- towards the fees for said purpose.
2. In pursuance of the receipt of the notice of this forum as to this case of the complainant the opposite party caused its appearance and contested the case by filling written version denying its liability and seeking dismissal of the case alleging the filling of the complaint in abuse of the process without competency, as under bye-laws of the said society the secretary is only competent for sue and being sued and the drawl of the cheque by the very person in whose name it was issued and who will be transacting the business of the complainant society and being any malafidees the conduct of the opposite party in honoring the cheque.
3. In substantiation of the contentions while the complainant’s side has relied upon documentary record in Ex.A1 to A4 and the sworn affidavit of the complainant in reiteration of its case the opposite parties side relied upon documentary record in Ex.B1 to B5 and the sworn affidavit of the opposite party in reiteration of its defence.
4. Hence, the point for consideration is whether the complainant is entitled to the claim made in the complaint at the liability of the opposite party.
5. The Ex.A2 is office copy of the letter dated 21-9-2007 addressed by K. Dhanunjaya Rao in the capacity of President Wings Society to the Manager State Bank of Nandyal, India alleging its holding of an account No.10840121967 with said bank and missing of a cheque pertaining said account and so requesting for stoppage of all transactions from 21-9-2007 to 26-9-2007. The receipt of this Ex.A2 is no disputed by the opposite party, the complainant takes reference to the entry dated 21-9-2007 as to with drawl of Rs.110/- clearing mentioned in Ex.A4 savings pass book of said society and submits thereon that the opposite party has charged said Rs.110/-as fees in pursuance of the letter in Ex.A2 for the compliance of request made therein. This aspect also was not denied by the opposite party. From these two Exs the opposite party is bound to not to honour any transactions of the complainants society during the stipulated period mentioned in Ex.A2 as it has taken into consideration the Ex.A2 by charging Rs.110/- for compliance of said instructions of stoppage of transactions, it cannot now question the competency of the signatory of Ex.A2 for making any such requisition validly to the opposite party taking an excuse under 9C bye-laws.
6. The Ex.A1 was relied by the complainant to say that general body of the complainant society in its meeting on 1-10-2007 has unanimously given powers to K. Dhanunjaya Rao President of the complainant society to deal this case in the Consumer Court against the opposite party. The perusal of the said Ex.A1 indicates that it is an extra at the original of which has been subscribed by the president, vice president, Secretary, Joint Secretary, Treasuries, and 4 executive committee members only. The Ex.A2 (A) even though showing the date of general body meeting as 1-10-2007 and the signatures of president, vice president, Joint secretary, treasuries, and 3 Executive committee namely- Siraj Ul-Huq, P.Samatha and K. Padmanabha Rao and it is not envisaging the resolution passed. While such is so the rules and regulations of wings society in its clause 14 requires a quorum of 3/5 of members on the roles for general body meeting. As the Ex.A1 and A2 are not envisaging the participation of any such member for said meeting held on 1-10-2007 the said Ex.A1 and A2 (A) provides any valid authorization in favour of complainant for holding competency of the complainant to file this case to deal with the case.
7. As this case being filed by a person having any competency, the presence of Ex.B1, B2, B3, B4 remains with any relevancy for its appreciation in this case.
8. As this case is filed for the wings society by president who is not competent under bye laws, the liability of any deficiency can be determined in this case for want of a proper representation of the complainant in the case.
9. Therefore, the case of the complainant is dismissed ,for want of competency to the president to file this case, with a liberty to file a fresh case by the competent juristic person of the said society, if permissible otherwise.
Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 9th day of July, 2008.
Sd/- Sd/-
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant :Nil For the opposite parties :Nil
List of exhibits marked for the complainant:-
Ex.A1. Authorization in favour of Dhanunjaya Rao.
Ex.A2. Letter, dated 21-9-2007 of complainant to opposite party.
Ex.A2 A. List of governing body members.
Ex.A3. Attested copy of bye-laws (No. in 8 papers)
Ex.A4 Original pass book of A/c.No.10840121967.
List of exhibits marked for the opposite parties:
Ex.B1. Paying slip, dated 15-11-2006.
Ex.B2. Encashed cheque bearing No.371583, dated 15-11-2006
for Rs.1,90,550/-.
Ex.B3. Paying slip, dated 21-9-2007.
Ex.B4. Encashed cheque, bearing No.371587, dated 20-9-2007 for Rs.1,44,696/-
Ex.B5. Computerized statement of Account.
Sd/- Sd/-
MEMBER PRESIDENT
// Certified free copy communicated under Rule 4 (10) of the
A.P.S.C.D.R.C. Rules, 1987//
Copy to:-
Complainant and Opposite party.
Copy was made ready on :
Copy was dispatched on :
Copy was posted on :
