State Consumer Disputes Redressal Commission
Budh Singh vs Secretary Jan Vihar Cooperative ... on 23 March, 2009
IN THE STATE COMMISSION : DELHI IN THE STATE COMMISSION : DELHI (Constituted under Section 9 clause (b) of the Consumer Protection Act, 1986) Date of Decision : 23.03.2009 Appeal no. FA-09/56 (Arising from the order dated 11.12.2008 passed by District Forum North-East in complaint case no. 127/2008) Shri Budh Singh S/o Sh. Tika Ram R/o 1 /10053-A, Gali no.3 West Gorakh Park, Shahdara, Delhi-110032. ..Appellant VS Secretary Jan Vihar Cooperative Housing Society Ltd., At : Liaison Office : 58-A Pocket-A MIG Flats, Nandnagri, Delhi-110093 Secretary Jan Vihar Cooperative Housing Society Ltd., Ghaziabad Uttar Pardesh At : Liaison Office : A-12, 3rd floor, Priyadarshni Vihar, Delhi-110092 .Respondents CORAM Justice J.D. Kapoor, President Ms. Rumnita Mittal, Member
1. Whether reporters of local newspaper be allowed to see the judgment?
2. To be referred to the reporter or not?
JUSTICE J.D. KAPOOR(ORAL)
1. Vide order dated 11.12.2008 the complaint of the appellant was dismissed by District Forum merely on the premise that the appellant himself was a member of the Society therefore he can not have any grievance against the society.
2. Whether the member of any Group Housing Society is a consumer of the Society, this question has already been answered by National Commission in case M/s Kalwati Vs United Theft and Credit Society in petition no . 8336 of 2001 and also the Supreme Court and Consumer Law Cases 1886 of 2005 wherein similar plea was taken and it was held that remedy u/s 3 of CPA is in addition to and not in derogation of any other law for the time being in force and therefore, if any member has any grievance against the society he has right to file complaint under CP Act for compensation for mental agony, harassment and deficiency in service.
3. It is not the case that all the members say more than 100 or 1000 participate in the decision making body of the Cooperative Society . Under the law management committee is constituted for handling the affairs of the society.
Whenever there is any deficiency in the management of the affairs, every member has right to seek redressal of grievance as a consumer as maintenance and other services are provided against consideration.
4. The District Forum dismissed the complainant merely on the premise that decision of the society is taken collectively by all the members and all the members are equally responsible as all the members had participated in the proceedings and also for action taken by the execution committee or the managing committee. If it is so how can a member be held responsible for defalcation of the accounts of the Society if the said default is committed by the office bearers or a particular office bearer. If under the law, day to day affairs of the Society are managed by Managing Committee, then the Managing Committee alongwith the Society is liable for any deficiency quo all members.
5. Foregoing reasons persuade us to allow the appeal and set aside the impugned and send back the case to District Forum for deciding it afresh in view of above observations.
6. A copy of this order as per statutory requirements be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to Record Room.
7. Copy be sent to Presidents of all the District Forums.
8. Announced on 23.03.2009.
(Justice J.D. Kapoor) President (Rimnita Mittal) Member sk