State Consumer Disputes Redressal Commission
Shri Vishwash Dinkar Pisal And Others vs Shri Mohan Maruti Chavan And Others on 13 June, 2013
BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
BEFORE THE HON'BLE STATE CONSUMER DISPUTES
REDRESSAL
COMMISSION, MAHARASHTRA,
MUMBAI
First Appeal No. A/10/768
(Arisen out of Order Dated 03/08/2010 in Case
No. EA/180/08 of District Satara)
1.SHRI VISHWASH DINKAR PISAL CHERMAN, KRUSHANANMAI NAGARI SAHKARI PAT SANTHA, GONASHI, TAL. KARAD, SATARA.
........Appellant(s) Versus
1. SHRI MOHAN MARUTI CHAVAN
2. SOU.SHARADA MOHAN CHAVAN, THROUGH POWER OF ATTORNY HOLDER, UTTAM MARUTI CHAVAN R/O.KHODASHI,TAL-KARAD,DIST-SATARA.
........Respondent(s) First Appeal No. A/10/871 (Arisen out of Order Dated 03/08/2010 in Case No. 179/08 of District Satara)
1. SHRI VISHWAS DINKAR PISAL GHONASHI ,TAL. KARAD SATARA, MAHARASHTRA.
........Appellant(s) Versus
1. VAISHALI MOHAN CHAVAN R/AT KHODASI, TAL.
KARAD, SATARA, MAHARASHTRA.
2. BHOSALE B.A.LIQUIDATOR KRISHNAMAI NAGARI SAHAKARI PATSANSHA, KARAD,DIST-SATARA .....Respondent(s) First Appeal No. A/10/872 (Arisen out of Order Dated 03/08/2010 in Case No. 181/08 of District Satara)
1. SHRI VISHWAS DINKAR PISAL GHONASHI, TAL. KARAD SATARA, MAHARASHATRA ........Appellant(s) Versus
1. SHUBHANGI MOHAN CHAVAN R/AT KHODASI, TAL.
KARAD SATARA, MAHARASHTRA.
2. BHOSALE B.A.LIQUIDATOR KRISHNAMAI NAGARI SAHAKARI PATSANSTHA,KARAD,DIST-SATARA ...........Respondent(s) First Appeal No. A/10/873 (Arisen out of Order Dated 03/08/2010 in Case No. 182/2008 of District Satara)
1. SHRI VISHAWAS DINKAR PISAL GHANOSHI TAL KARAD SATARA, MAHARASHTRA ...........Appellant(s) Versus
1. SAMBHAJI UTTAM CHAVAN R/AT KHODASI TAL.
KARAD SATARA, MAHARASHTRA
2. BHOSALE B.A. LIQUIDATOR KRISHNAMAI NAGARI SAHKARI PATSANSTHA,KARAD,DIST-SATARA ........Respondent(s) First Appeal No. A/10/874 (Arisen out of Order Dated 03/08/2010 in Case No. 183/08 of District Satara)
1. SHRI VISHWAS DINKAR PISAL GHANOSHI, TAL. KARAD SATARA, MAHARASHTRA ...........Appellant(s) Versus
1. UTTAM MARUTI CHAVAN R/AT KHODASI, TAL.
KARAD SATARA, MAHARASHTRA
2. BHOSALE B.A.LIQUIDATOR KRISHNAMAI NAGARI SAHAKARI PATSANSTHA,KARAD,DIST-SATARA ...........Respondent(s) First Appeal No. A/10/926 (Arisen out of Order Dated 21/04/2010 in Case No. 136/2008 of District Satara)
1. SHRI VISHWAS DINKAR PISAL & ORS R/O. GHONASHI, TAL KARAD, SATARA, MAHARASHTRA.
...........Appellant(s) Versus
1. JAGNNATH PANDURANG GHADAGE R/O. VAHAGAON, TAL.
KARAD, SATARA, MAHARASHTRA.
2. BHOSALE B.A.LIQUIDATOR KRISHNAMAI NAGARI SAHAKARI PATSANSTHA,KARAD,DIST-SATARA ...........Respondent(s) First Appeal No. A/10/927 (Arisen out of Order Dated 03/08/2010 in Case No. 178/08 of District Satara)
1. SHRI VISHAWAS DINKAR PISAL & ORS R/O. GHONASHI, TAL.
KARAD, SATARA, MAHARASHTRA ...........Appellant(s) Versus
1. AJIT MOHAN CHAVAN R/O. KHODASHI, TAL.
KARAD, SATARA, MAHARASHTRA.
2. BHOSALE B.A.LIQUIDATOR KRISHNAMAI NAGARI SAHAKARI PATSANSTHA,KARAD,DIST-SATARA ...........Respondent(s) First Appeal No. A/10/993 (Arisen out of Order Dated 04/08/2010 in Case No. 50/07 of District Satara)
1. SHRI VISHWAS DINKAR PISAL & ORS R/O. GHONSHI, KARAD, SATARA, MAHARASHTRA.
...........Appellant(s) Versus
1. DILIP DATTATRAY JAGDALE, MASUR, TAL. KARAD, SATARA, MAHARASHTRA.
2. BHOSALE B.A. LIQUIDATOR KRISHNAMAI NAGARI SAHAKARI PATSANSTHA, KARAD,DIST-SATARA ...........Respondent(s) First Appeal No. A/10/994 (Arisen out of Order Dated 04/08/2010 in Case No. 51/07 of District Satara)
1. SHRI VISHWAS DINKAR PISAL & ORS R/O. GHONSHI, KARAD, SATARA, MAHARASHTRA.
...........Appellant(s) Versus
1. BHASKAR GANPAT TAMBE KHODASI, TAL. KARAD, SATARA, MAHARASHTRA.
2. BHOSALE B.A. LIQUIDATOR KRISHNAMAI NAGARI SAHAKARI PATSANSTHA, KARAD,DIST-SATARA ...........Respondent(s) First Appeal No. A/10/995 (Arisen out of Order Dated 04/08/2010 in Case No. 52/07 of District Satara)
1. SHRI VISHWAS DINKAR PISAL & ORS GHONASHI, TAL. KARAD, SATARA, MAHARASHTRA ...........Appellant(s) Versus
1. ARUNA BHIKAJI PATOLE & 5 ORS.
MASUR, TAL. KARAD, SATARA, MAHARASHTRA
2. BHOSALE B.A. LIQUIDATOR KRISHNAMAI NAGARI SAHKARI PATSANSTHA,KARAD,DIST-SATARA ...........Respondent(s) First Appeal No. A/10/996 (Arisen out of Order Dated 04/08/2010 in Case No. 53/07 of District Satara)
1. SHRI VISHWAS DINKAR PISAL & ORS GONASHI KARAD SATARA, MAHARASHTRA ...........Appellant(s) Versus
1. SULOCHANA ADHIKRAO KHANDE SAKURDI, TAL. KARAD, SATARA, MAHARASHTRA
2. BHOSALE B. A. LIQUIDATOR KRISHNAMAI NAGARI SAHAKARI PAT SANTHA, KARAD, SATARA, MAHARASHTRA ...........Respondent(s) BEFORE:
HON'BLE MR. Dhanraj Khamatkar PRESIDING MEMBER HON'BLE MR. Narendra Kawde MEMBER PRESENT: Adv.R.P.Gandhi present for the appellant.
Adv.A.R.Kadam, present for the respondent nos.1 & 2 in A/10/768, A/10/871 to 874, A/10/927, A/10/993 to A/10/996.
COMMON ORDER :- (Per Shri Narendra Kawde, Honble Member ) (1) All these appeals bearing nos. A/10/768, A/10/871 to A/10/874, A/10/926, A/10/927, A/10/993 to A/10/996 were heard together and we dispose off these 11 appeals by this common order.
(2) All these appeals have been filed by the original opponent/appellant accused separately against the impugned order dated 04/08/2010, 29/07/2010 & 03/08/2010 passed in Execution Application Nos. EA/07/50 to EA/07/53, EA/08/136, EA/08/178 to EA/08/180, EA/08/182 to EA/08/184 by District Consumer Disputes Redressal Forum, Satara. Execution Applications filed by the original complainants in consumer complaint nos. CC/06/187 to CC/06/190, CC/08/59, CC/08/126 to CC/08/131 have been decided by the impugned order dated 04/08/2010, 29/07/2010 & 03/08/2010 finding that the appellant guilty for offence punishable U/s.27 of the Consumer Protection Act, 1986 and sentencing him to simple imprisonment for a period of one year and a find of `5,000/-
and on failure to pay the fine, six months simple imprisonment was ordered.
(3) Certain facts are reproduced. In the original complaint, the appellant/accused is shown as opponent no.1 in his capacity of Chairman of the Co-operative Credit Society and 13 others were also impleded as opponents in different capacity connected with Shri Krishnamai Nagari Sahakari Pat Sanstha Maryadit, Ghonashi, Tal.Karad, Dist.Satara. During the court of argument, it was submitted that administrator has been appointed on the said Pat Sanstha by the competent authority to carry out day-to-day business. Administrator has not been impleded as opponent. After recording plea of executant/applicant, the District Forum came to conclusion that offence u/s.27 of the Consumer Protection Act, 1986 subsisted as on date the recording the plea and proceeded to decide all the execution applications separately filed by each of the Consumer Complainants for execution of the order dated 04/08/2010, 29/07/2010 & 03/08/2010.
(4) We have called record and proceedings and also perused the record placed before us. The District Forum did not follow procedure required to decide the execution application preferred U/s.27 of the Consumer Protection Act, 1986, especially, when all the original 14 opponents were made party as opponents/accused. There is no record to show whether all the accused barring opponent no.1 were issued summons and opportunity was extended to appear before the District Forum. The impugned order U/s.27 of the Consumer Protection Act, 1986 is directed only against the original opponent no.1/appellant, Vishwas Dinkar Pisal, who was Chairman at the relevant time. Especially when, the original order was directed as against the original opponents before us there is no record to show whether the full trial was conducted by issuing summons to all the accused. Status of the appellant/accused vis--vis Administrator appointed for the Pat Sanstha has not been explained or appreciated anywhere. We do not find the due process as required to give full trial u/s.27 of Consumer Protection Act, 1986 has been followed by the District Forum and therefore we are of the opinion that the impugned order suffered from legal lacuna. We hold accordingly and pass the following order.
ORDER (1) Appeal Nos.A/10/768, A/10/871 to A/10/874, A/10/926, A/10/927, A/10/993 to A/10/996 are allowed.
(2) Impugned orders dated 04/08/2010, 29/07/2010 & 03/08/2010 passed in Execution Application Nos. EA/07/50 to EA/07/53, EA/08/136, EA/08/178 to EA/08/183 by the District Forum, Satara is quashed and set aside.
(3) Bail bond executed by the appellant is cancelled and accused is set at liberty.
Pronounced on 13th June, 2013.
[HON'BLE MR. Dhanraj Khamatkar] PRESIDING MEMBER [HON'BLE MR. Narendra Kawde] MEMBER pgg