NCDRC

NCDRC

RP/1488/2005

JAGAN MOHAN - Complainant(s)

Versus

THE INDIAN BANK FLAT OWNERS ASSOCIATION - Opp.Party(s)

MR. P.B.SURESH

08 Sep 2009

ORDER

Date of Filing: 31 May 2005

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/1488/2005
(Against the Order dated 17/05/2005 in Appeal No. 51/2003 of the State Commission Andhra Pradesh)
1. JAGAN MOHANS/O.T.SRINIVASA SWAMY SUB DIVISIONAL COOPERATIVE OFFICEMANAL .NAMPALLY HYDERABAD ...........Appellant(s)

Vs.
1. THE INDIAN BANK FLAT OWNERS ASSOCIATIONR/N.RADHAKRISHNAN R/O B-7II FLOOR I.B.PLATS HYDERABAD ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. B.K. TAIMNI ,MEMBER
For the Appellant :Mr. K. P. Toms, adv. for MR. P.B.SURESH, Advocate
For the Respondent :Mr. K. Maruti Rao, adv for NA, Advocate

Dated : 08 Sep 2009
ORDER

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          This order shall dispose of First Appeal No.151/2005 and Revision Petition No.1488/2005.   Facts leading to the filing of these cases are as under:

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          Indian Bank Flat Owners Association, respondent No.1, filed a complaint before the State Commission in the year 1991 alleging certain deficiency of service on part of the original Managing Committee which was directly responsible for construction of the housing project.  State Commission vide its order dated 22.8.1997 directed the Managing Committee to provide at its own cost, one lift in the complex which was not complied with.  Complainant filed a Contempt Petition on 26.2.2004 and, at the relevant time, Mr. K. V. Ramnath was in-charge of Indian Bank Cooperative Housing Society to conduct day-to-day affairs of the society, which was made as a party respondent through the Secretary.  The State Commission vide its order dated 27.2.2004, issued Non Bailable Warrant against Sh. K. V. Ramnath.  Later on, Sh. K. V. Ramnath appeared before the State Commission.  State Commission by the impugned order suspended Non Bailable Warrant against him on his giving an ‘Undertaking’ that he shall appear before the State Commission on 31.5.2005.  Aggrieved against the order passed by the State Commission, present First Appeal has been filed.  

 

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Appellant Sh. K. V. Ramnath had retired and in his place,               Sh. Jagan Mohan was appointed as the person-in-charge.  Thereafter, Non-Bailable Warrants was issued against Sh. Jagan Mohan.  Sh. Jagan Mohan has filed the present revision petition No.1488/2005 whereas K. V. Ramnath has filed First Appeal No.151/2005.  Both Jagan Mohan as well as K. V. Ramnath have retired from the services and are no longer in-charge of the society.

          On 06.5.2009, this Commission received a letter from Deputy Registrar - Divisional Cooperative Officer, Golconda Division, Hyderabad stating that he had received the paper book from the counsel for the petitioner as per directions issued by this Commission.   

          Sh. Maruthi Rao has put in appearance on behalf of the Divisional Cooperative Officer and states that as per directions issued by the Registrar Cooperative Societies, Andhra Pradesh, the liquidator was appointed who is now incharge of day-to-day activities of the society.  Petitioners have already retired from services.  Since Non Bailable Warrants issued against them cannot be executed as of

now, the same are being quashed. 

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However, Divisional Co-operative Officer, Golconda Division, Hyderabad is directed to appear before the State Commission along with Liquidator on 09.11.2009 to apprise the State Commission about the later developments and seek passing of an appropriate order in accordance with law.

          Sh. K. V. Ramnath and Sh. Jagan Mohar are absolved of their obligations to appear before the State Commission. 

Complainant and the Deputy Registrar along with the Liquidator shall appear before the State Commission.  Thereafter, State Commission shall pass appropriate orders in accordance with law.

          Sum of Rs.25,000/- deposited by the appellant in First Appeal No.151/2005 is ordered to be refunded to the petitioner along with interest accrued thereon.

            First Appeal as well as Revision Petition stand disposed of in above terms.



......................JASHOK BHANPRESIDENT
......................B.K. TAIMNIMEMBER