State Consumer Disputes Redressal Commission
Shree Nanasaheb Madhav Bhamre vs Smt Meera Bhimrao Karad And Others on 7 February, 2012
Daily Order
BEFORE THE
HON'BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
First Appeal
No. A/10/1309
(Arisen out
of Order Dated 31/08/2010 in Case No. 102/2010 of District Nashik)
SHREE NANASAHEB MADHAV BHAMRE
CHAIRMAN,
JEEVAN PRAKASH NAGARI SAHAKARI PATT SANSTHA LTD.,
NASHIK,
H. M. SOMPUR
TALUKA SATANA
DISTRICT - NASHIK
...........Appellant(s)
Versus
1. SMT MEERA BHIMRAO KARAD
2. KUMARI ARCHANA BHIMRAO KARAD
ALIAS ARCHANA SANTOSH DHATARAK,
BOTH R/AT:- C-7 SAMARTH KRUPANAGAR
SITAR, DISTRICT - NASHIK
3. KUMARI
KANCHAN BHIMRAO KARAD
ALIAS SMT. KANCHAN RAHUL HADAPE
4. KUMARI SHEETAL KARAD,
BOTH R/AT:- GOKUL GAURAV APARTMENTS
HIRWADI PANCHAVATI,
NASHIK
5. KUMARI
ARVIND BIMRAO KARAD,
ROOM NO.1, 4 & 5, N-44/CB,
2/12/07, TRIMURTI CHOWK, CIDCO,
NASHIK.
6. CHAIRMAN,
JEEVAN PRAKASH NAGARI SAHAKARI
PATT SANSTHA LTD.,
N-44/CB-2/18/03, 4TH SCHEME,
TRIMURTI CHOWK,
NASHIK.
...........Respondent(s)
BEFORE:
Hon'ble Mr. P.N. Kashalkar PRESIDING MEMBER
Hon'ble Mr. S.R. Khanzode Judicial Member Hon'ble Mr. Narendra Kawde MEMBER PRESENT:
U B WAVIKAR , Advocate for the Appellant Adv. Anita Marathe for the Respondents Nos.1 to 5 ORAL ORDER Per - Hon'ble Mr. P. N. Kashalkar, Presiding Judicial Member Heard Adv. Uday Wavikar on behalf of the Appellant/original Opponent No.2 and Adv. Anita Marathe on behalf of the Respondents/original Complainants Nos.1 to 5. No one is present on behalf of the Respondent No.6/original Opponent No.1.
[2] This is an appeal filed by the original Opponent No.2 against the order dated 31/8/2010 passed by the District Consumer Disputes Redressal Forum, Nashik (hereinafter referred to as 'the District Forum' for the sake of brevity) in Consumer Complaint No.102 of 2010, Mrs. Meera Bhimrao Karad Vs. Manager, Jeevan Prakash Nagari Sahakari Patsanstha Maryadit and Another.
By allowing the consumer complaint filed by five Complainants, who are the Respondents herein, the District Forum directed to refund the deposits kept by the Respondents/original Complainants Nos.1 to 5 in the Respondent No.6/original Opponent No.1 Society together with interest thereon @ 20% p.a., from the respective dates. Not satisfied with the said order, the original Opponent No.2 has filed this appeal.
[3] We are finding that the original Opponents had not contested the matter and an ex-parte order has been passed. We are also finding that five deposits had kept separate deposits in their individual names but, a joint complaint came to be filed in the District Forum and the District Forum took cognizance of the said joint complaint and passed an award jointly in favour of the Respondents/original Complainants Nos.1 to 5 totally ignoring the provisions of Section-12(1)(c) of the Consumer Protection Act, 1986.
[4] In the circumstances, for the properly presenting the complaint in individual names, the appeal is required to be allowed by quashing and setting aside the award passed against the Appellant/original Opponent No.2. Learned Counsel for the Appellant also wants to make certain corrections and, therefore, both the Learned Counsels pleaded that appeal may be allowed and order passed by the District Forum may be quashed and set aside and the complaint may be remanded back to the District Forum for presenting their case properly.
Hence, we pass the following order:-
ORDER Appeal is allowed.
Impugned order dated 31/Aug/2011 passed by the District Consumer Disputes Redressal Forum, Nashik in Consumer Complaint No.102 of 2010 is hereby quashed and set aside. Consequently, the consumer complaint is remitted back to the District Forum.
Both the parties are directed to appear before the District Forum on 06/March/2012.
Appellant/original Opponent No.2 shall pay costs of `10,000/- to each Respondent/original Complainants Nos.1 to 5.
District Forum is hereby directed to decide the remanded complaint as early as possible, in any case, within a period of two months from the date of receipt of order from this Commission.
Inform the parties accordingly.
Pronounced and dictated on 07th February, 2012 [Hon'ble Mr. P.N. Kashalkar] PRESIDING MEMBER [Hon'ble Mr. S.R. Khanzode] Judicial Member [Hon'ble Mr. Narendra Kawde] MEMBER KVS