State Consumer Disputes Redressal Commission
Osmanabad District Central Co.Op.Bank ... vs Agriculture Insurance Corp.Ind.Ltd., on 8 April, 2010
1 F.A.No. :907/2006
Date of filing:08.05.2006
Date of order:08.04.2010
MAHARASHTRA STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MUMBAI, CIRCUIT BENCH AT AURANGABAD.
F.A. NO.: 907 OF 2006
IN COMPLAINT CASE NO. :47 OF 2005
DISTRICT FORUM : OSMANABAD.
1. Osmanabad District Central Co.Op.Bank Ltd.,
through its Administrator,
having head office at Osmanabad,
Branch Khamrawadi, Tq.Kalamb,
Dist.Osmanabad.
2. C.I.O.(Account Dept.)
Osmanabad District Central Co.Op.Bank Ltd.
...APPELLANT
(Org.Opponents)
VERSUS
1. Rig.Manager,
Agriculture Insurance Corp.Ind.Ltd.,
Mumbai,
Regional Office, Stock Exchange Towards
20th floor, East Wing Dalal Street,
Fort, Mumbai - 23.
2. Shri.Digambar Rambhau Kumbar,
Rig.Manager,
Tq.Kalamb, Dist.Osmanabad. ...RESPONDENTS
(No.1-Org.Opp.No.3,
No.2-Org.Complainant)
Coram : Shri.S.G.Deshmukh, Hon`ble Presiding Judicial
Member.
Mrs.Uma S.Bora, Hon`ble Member.
Present : Adv.Shri.P.M.Kulkarni for appellant, 2 F.A.No. :907/2006 Adv.Shri.D.S.Kulkarni for respondent.
O R A L O R D E R Per Shri.S.G.Deshmukh, Hon`ble Presiding Judicial Member.
1. The present appeal is filed by Osmanabad Dist.Central Co.Op.Bank Ltd. against the judgment and order dated 05.09.2005 in complaint case No.47/2005 passed by District Forum, Osmanabad.
2. Respondent No.2/Org.Complainant`s case before the Forum is that, he approached the Forum for insurance amount regarding loss sustained by him in paddy crop.
3. Present appellants did not appear before the Forum.
4. Respondent No.1 Regional Manager, Agriculture Insurance Co.Ltd. appeared before the Forum and resisted the claim.
5. The Forum below after going through the papers and hearing the parties allowed the complaint and directed present appellant to pay Rs.80,000/- with interest @ 9% p.a. from 21.3.2005 and Rs.1000/- towards mental agony and cost.
6. Being aggrieved by the said judgment and order passed by the District Forum, Osmanabad, Osmanabad Dist.Central Co.op.Bank Ltd. came in appeal.
7. Notices were issued to the appellants as well as respondents. Learned counsel Shri.P.M.Kulkarni appeared on behalf of appellants whereas learned counsel Shri.D.S.Kulkarni appeared on behalf of respondent No.1, none appeared on behalf of respondent No.2. Learned counsel for the appellant brought to our notice that complaint has been conducted by President and two Members of the Forum whereas 3 F.A.No. :907/2006 judgment has been signed by President and one Member. He also submitted that even there is no differed judgment of 3rd Member.
8. We perused the papers. On perusal of papers, it reveals that complaint is conducted by President and two members and judgment and order is signed by President and one Member. Section 14(2-A) of Consumer Protection Act reads as under;
"Every order made by the District Forum under Sub-section (1) shall be signed by its President and the member or members who conducted the proceedings".
In view of Section 14(2-A) of Consumer Protection Act , judgment ought to have been signed by President and Members who had conducted the proceedings. Thus the judgment in question can not be said to be judgment in the eye of law. On this count we are inclined to quash and set aside the judgment and order passed by the Forum. We pass the following order.
O R D E R
1. Appeal is allowed.
2. The impugned judgment and order passed by the Dist.Forum is hereby quashed and set aside and matter is remanded back to the District Forum to dispose the same afresh according to law.
3. No order as to cost.
4. Parties to appear before the Forum on 24.05.2010.
5. Pronounced and dictated in the open court.
6. Copies of the order be sent to both the parties.
Mrs.Uma S.Bora S.G.Deshmukh,
Member Presiding Judicial Member
Mane
4 F.A.No. :907/2006