SUBHASH TRYAMBAK KOLTE Vs. VASANT LAXMAN PATIL
LAWS(MHCDRC)-2013-2-8
MAHARASHTRA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on February 21,2013

Subhash Tryambak Kolte Appellant
VERSUS
Vasant Laxman Patil Respondents

JUDGEMENT

B.A.SHAIKH,PRESIDING JUDICIAL MEMBER - (1.)THESE three appeals are being decided by this common judgment and order as common question of law and facts is involved in all of them. These three appeals are filed by the same appellant Shri.Subhash Kolte, feeling dissatisfied by three separate orders passed by Dist.Forum Jalgaon in three separate complaints No.267/08, 268/08 & 269/08 which were filed by three different complainants who are joined as respondent No.1 in these three appeals.
(2.)THE common case of complainants in these three complaints in brief is that original opponent No.1( respondent No.2 in all these appeals) is registered Co -operative Society. It is engaged in accepting term deposits. It pays interest on the said term deposits and it also advances loan to it ˜s members. Original opponent No.2( respondent No.3 in these appeals) is Chairman of that society and original opponent No.4 to 13 ( respondent Nos.4 to 13) are it ˜s directors and original opponent No.14 to 16 (respondent No.14 to 16) are it ˜s administrators appointed by the Government. Said three complainants had deposited the amount as per various receipts described in the respective complaints with the original opponent No.1 society for a fixed term on different dates. The said amounts were to be repaid to them with interest described in the respective complaints after date of maturity of said term. The said complainants were in need of money. Hence they demanded been amount of said term deposits from the original opponent No.1 & 2. But they did not pay the same. Therefore said complainants filed aforesaid three separate complaints against aforesaid opponents Nos.1 to 16 and prayed that direction be given to them to pay them amount with interest deposited by them with original opponent No.1. They also prayed that original opponent No.3, 4, 8, 10, 11 be restrained from alienating or transferring the immovable property described in complaints. They also sought compensation of Rs.10,000/ - towards mental agony and cost of Rs.5000/ - from opponent No.1 to 16.
(3.)ORIGINAL opponent No.1, 2 and 8 to 11 appeared and filed their common written version before Dist.Forum. Original opponent No.3 ( appellant herein) also appeared and filed his separate written version. Original opponent No.4 to 7 and 12 to 16 did not appear before the Dist.Forum inspite of service of notice. Dist.Forum proceeded exparte against them.
Original opponent No.1, 2 and 8 to 11 in their common written version denied the case of complainant and submitted that some of the directors of Co -operative Society (org. opponent No.1) all of sudden gave resignation. Therefore District Deputy Registrar of Co. operative Society, Jalgaon dissolved the Board of Directors and appointed Administrative Committee comprising of three members (original opponent Nos.14 to 16) for running the said society as per its order dated 5.6.2007. Thus according to them since 5.6.2007 they have no concern with the aforesaid society (org.opponent No.1) and hence they submitted that complaint may be dismissed.

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