Haryana

StateCommission

A/628/2017

FOOD CORPORATION OF INDIA - Complainant(s)

Versus

USHA - Opp.Party(s)

SUMEET GOEL

20 Mar 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                            

First Appeal No  :   628 of 2017

Date of Institution:  22.05.2017

                                                          Date of Decision:   20.03.2018

 

 

1.      Managing Director, Food Corporation of India, 16-20, Bara Khamba Lane, New Delhi.

2.      Executive Director, Food Corporation of India, Sector 24, Noida (North Zone).

3.      Area Manager, Food Corporation of India, DO, Behind New Food Grain Market, Sirsa Road, Hisar.

4.      Area Manager, Food Corporation of India, DO, Railway Road, Karnal.

5.      Area Manager, Food Corporation of India, DO, Rohtak.

                                      Appellants-Opposite Parties No.15 to 19

 

Versus

 

 

1.      Usha aged 60 years wife of Sh. Subhash Chander Thakral, resident of House No.271, Lajpat Nagar, Hisar.

                                      Respondent-complainant

2.      FCI Staff Co-operative, Urban (SE) T&C Society Limited, H.No.13, B&R Colony, Sector 15-A, Hisar through its President/Secretary.

3.      Sh. Roshan Lal, President of FCI Staff Co-operative, Urban (SE) T&C Society Limited, H.No.13, B&R Colony, Sector 15-A, Hisar.

4.      Sh. Yogender Kumar, Secretary of FCI Staff Co-operative, Urban (SE) T&C Society Limited, H.No.13, B&R Colony, Sector 15-A, Hisar.  

5.      Sh. Jai Bhagwan Ladwal, Member, Management of FCI Staff Coop. Urban (SE) T&C Society Limited, posted at Food Corporation of India, DO Hisar, DSS 100, Police Line, Hisar.

6.      Sh. Rajender Kumar Meena, Member/Management of FCI Staff Coop. Urban (SE) T&C Society Limited, posted at Food Corporation of India, DO Hisar, DSS 100, Police Line, Hisar.

7.      Sh. Mange Ram, Member, Management of FCI Staff Coop. Urban (SE) T&C Society Limited, posted at Food Corporation of India, DO Hisar, DSS 100, Police Line, Hisar.

8.      Sh. Chander Parkash, Member, Management of FCI Staff Coop. Urban (SE) T&C Society Limited, posted at Food Corporation of India, DO Hisar, DSS 100, Police Line, Hisar.

9.      Sh. Naresh Kumar, Member, Management of FCI Staff Coop. Urban (SE) T&C Society Limited, posted at Food Corporation of India, DO Hisar, DSS 100, Police Line, Hisar.

10.    Sh. Ram Kumar, Member, Management of CI Staff Co-op. Urban (SE) T & C Society Limited, posted at Food Corporation of India, DO Hisar, DSS 100, Police Line, Hisar.

11.    Sh. Baljit, Member, Management of FCI Staff Coop. Urban (SE) T&C Society Limited, posted at Food Corporation of India, DO Hisar, DSS 100, Police Line, Hisar.

12.    Sh. Ajit, Member, Management of FCI Staff Coop. Urban (SE) T&C Society Limited, posted at Food Corporation of India, DO Hisar, DSS 100, Police Line, Hisar.

13.    Assistant Registrar, Co-op Societies, Hisar.

14.    Deputy Registrar, Co-op Societies, Hisar.

15.    Registrar, Co-op Societies, Chandigarh.

Respondents-Opposite Parties No.1 to 14

 

 

 

 

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Shri Balbir Singh, Judicial Member.

                                                                                               

 

Argued by:          Ms. Varsha Gupta, proxy counsel for Shri Sumeet Goel, Advocate for Food Corporation of India

                             None for respondent No.1-complainant.

                             Respondents No.2 to 4 ex parte.

                             None for respondents No.5 to 10

                             (Service of respondents No.11 to 15 dispensed with).    

 

O R D E R

 

NAWAB SINGH J.(ORAL)

 

            Food Corporation of India and its functionaries-opposite parties No.15 to 19 (for short ‘FCI’) are in appeal against the order dated February 27^th, 2017 passed by District Consumer Disputes Redressal Forum, Hisar (for short ‘District Forum’), whereby, it directed nineteen respondents herein including the FCI to refund the amount deposited by Usha-complainant in FCI Staff Co-operative Urban (SE) T&C Society Limited alongwith interest on agreed rate and Rs.10,000/- harassment.

2.                Notice of the appeal was issued to the respondents No.2 to 4.  They were not served upon.  It was proved to the satisfaction of this Commission that the respondents No.2 to 4 could not be served in the ordinary way of service.  Hence, proclamation was issued against them to appear either personally or through counsel or duly authorized representative.  Inspite of the publication, they did not appear, so, they are proceeded ex parte.

3.                The complainant deposited amount with The Food Corporation of India Staff Co-Operative Urban (S.E.) Thrift & Credit Society Limited, Hisar (for short ‘the FCI Society)-opposite party No.1. Roshan Lal -Opposite Party No.2 was the President, Shri Yogender Kumar-Opposite Party No.3 was the Secretary and Jai Bhagwan Ladwal, Rajender Kumar Meena, Mange Ram, Chander Parkash, Naresh Kumar, Ram Kumar, Baljit and Ajit-Opposite Parties No.4 to 11) were the members of the FCI Society.

4.                The complainant asked the FCI Society to pay the deposited amount including interest accrued thereon to her but the FCI Society did not pay the amount. Hence, the complainant filed complaint under Section 12 of the Consumer Protection Act, 1986 before the District Forum.

5.                Pivotal issue in this case is as to whether FCI was liable to pay the amount deposited by the complainant with the FCI Society of which Roshan Lal -opposite party No.2 and Yogender Kumar- opposite party No.3, were the then President and Secretary respectively.

6.               The FCI Society was formed by its Members and practically being run by Roshan Lal, President and Yogender Kumar, Secretary.  The President and the Secretary of the FCI Society were actively involved in the affairs of the FCI Society. The complainant unnecessarily impleaded FCI and its functionaries.  FCI had no role to play with the functioning of the Society. This being so, the District Forum had wrongly directed the FCI and its functionaries to pay the amount alongwith other opposite parties jointly and severally.  In view of this, the appeal is accepted and the impugned order is set aside qua the FCI-appellants.  

7.                The statutory amount of Rs.25,000/- deposited at the time of filing the appeal be refunded to the appellant against proper receipt and identification in accordance with rules, after expiry of period of appeal/revision, if any.  

 

 

 

Pronounced 20.03.2018

(Balbir Singh) Judicial Member

(Nawab Singh) President

UK