State Consumer Disputes Redressal Commission
Bhudhargad Mahila Nagari Sahakari ... vs Nityanand Shrinivas Prabhu And Others on 18 February, 2009
CONSUMER DISPUTES REDRESSAL COMMISSION CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA STATE, MUMBAI FIRST APPEAL NO.972 OF 2008 Date of filing : 10/07/2008 IN CONSUMER COMPLAINT NO.366/2007 Date of order : 18/02/2009 DISTRICT CONSUMER FORUM, KOLHAPUR @ MISC.APPLICATION NO.1342/2008 1.
Bhudhargad Mahila Nagari Sahakari Patsanstha Bhudhargad, Gargoti Taluka Bhudhargad, District Kolhapur
2. Kalavati Kerba Gurav R/o.Gargoti, Taluka Bhudhargad, District Kolhapur
3. Malti Gopalrao Lohar
4. Ranjana Nivrutti Nikade
5. Lata Ganpati Lokare
6. Jayshree Dhanaji Patil
7. Sonabai Yashwant Raut
8. Pramila Prabhakar Urankar
9. Akkatai Ashok Koli
10. Gitanjali Prakash Gurav
11. Malati Prakash Dhure
12. Usha Vasantrao Naik
13. Snehal Sambhajirao Desai
14. Sunandha Nivruti Magdum ..Appellants/org.O.Ps.
all 3-14 R/o.Gargoti, Taluka Bhudhargad, District Kolhapur v/s.
1 a. Nityanand Shrinivas Prabhu R/o.Akshay Apartment Pratibhanagar, Kolhapur b. Mugdha Nityanand Prabhu c. Rutuja Nityanand Prabhu d. Nikhil Nityanand Prabhu R/o. As above Respondents/org.complainants
2. Lila Rangnath Patil R/o.Gargoti, Taluka Bhudhargad District Kolhapur ..Respondent/org.O.P.no.10 Corum: Justice Shri B.B.Vagyani, Honble President Shri S.R.Khanzode, Honble Judicial Member Present : Mr.R.R.Waigankar-Advocate for the appellant.
Mr.Umesh Mangave-Advocate for the respondent.
O R A L O R D E R Per Justice Shri B.B.Vagyani, Honble President Heard Mr.R.R.Waigankar-Advocate for the appellant. Mr.Umesh Mangave-Advocate for the respondent.
District Consumer Forum directed Bhudhargad Mahila Nagari Sahakari Patsanstha, Bhudhargad, Gargoti and its directors to refund the deposit money. Once upon a time it was thought fit to dispose of the property belonging to the Credit Society to satisfy the dues. Such type of resolution was passed in the General Body meeting. In the said meeting Sou.Leela Rangnath Patil was authorized to execute Agreement for Sale. Accordingly, Agreements for sale were executed in favour of the depositors. Depositors had invested Rs.6,50,000/- in fixed deposit. District Consumer Forum directed to cancel the Agreement and directed Credit Society to refund the deposit money. Direction to refund deposit money with interest @ 9% p.a. is perfectly legal and correct. We do not want to go into the question of authority of Smt.Leela Rangnath Patil and the legality of resolution passed in General Body meeting. We are only confined to issue with regard to consumer dispute.
Order passed by the District Consumer Forum is perfectly legal and correct. No interference is called for. Hence we pass the following order:-
ORDER
1.
Appeal stands dismissed with cost of Rs.1000/-.
2. On receiving deposit money with interest, respondents are directed to deliver possession of the shop to the Credit Society.
3. Appellants have deposited Rs.25,000/-. Said amount be paid to the respondents towards partial satisfaction of the award.
4. Misc. application stands disposed of.
5. Pronounced and dictated in the open court.
6. Copies of the order be furnished to the parties.
(S.R.Khanzode) (B.B.Vagyani) Judicial Member President Ms.