State Consumer Disputes Redressal Commission
Miss.Preeti Bhausaheb Akolkar, vs Shri.Balasaheb Satbhai Merchants ... on 27 June, 2013
1 F.A.No.: 430-463/2012
Date of filing :04.09.2012
Date of order :27.06.2013
MAHARASHTRA STATE CONSUMER DISPUTE REDRESSAL
COMMISSION,MUMBAI, CIRCUIT BENCH AT AURANGABAD.
MISC.APPLICATION NOS.:270 TO 303/2012
FIRST APPEAL NO. : 430 TO 463/2012
IN COMPLAINT CASE NO.: 330 TO 345, 350 TO 353, 355, 354, 356,
357, 358, 359, 360, 361, 362, 363, 387, 388, 389 & 390 OF 2009
DISTRICT CONSUMER FORUM :
1.M.A.No. 270/12 in F.A.No.430/12 in C.C.No.330/09.
Miss.Preeti Bhausaheb Akolkar, R/o Madhuban Housing Society, Dist.Ahmednagar.
2. M.A.No. 271/12 in F.A.No.431/12 in C.C.No.331/09.
Sau.Suvarna Anil Varghude, R/o Sarang Housing Society, Bunglow No.1, Nashik Sangamner, High Way Sangamner, Dist.Ahmednagar.
3. M.A.No. 272/12 in F.A.No.432/12 in C.C.No.332/09.
Sanjay Trambak Shinde, Behind Hotel Saibaba International, Shirdi Tq. Rahata, Dist.Ahmednagar.
4. M.A.No. 273/12 in F.A.No.433/12 in C.C.No.333/09.
Kum.Amruta Bhausaheb Akolkar, R/o Madhuban Housing Society, Sangamner, Tq.Sangamner, Dist.Ahmednagar.
5. M.A.No. 274/12 in F.A.No.434/12 in C.C.No.334/09.
Shri.Anil Nivrutti Varghude, R/o Sarang Housing Society, Bunglow No.1, Nashik Sangamner, High Way Sangamner, 2 F.A.No.: 430-463/2012 Dist.Ahmednagar.
6. M.A.No. 275/12 in F.A.No.435/12 in C.C.No.335/09.
Ku.Sonali Nanasaheb Mhaske, R/o 23, Shivprasad Housing Society, Loni Bk. Tq.Rahata, Dist.Ahmednagar.
7. M.A.No. 276/12 in F.A.No.436/12 in C.C.No.336/09.
Yogesh Shivaji Gunjal, R/o Jeevan Chhaya Housing Society, Bunglow No.3, Dwarka, Nashik, Dist.Nashik.
8. M.A.No. 277/12 in F.A.No.437/12 in C.C.No.337/09.
Shri.Changdev Vithoba Khatale, R/o Sai Krupa Housing Society, Near Kate Malvani Post Office, Kalyan ( E).
9. M.A.No. 278/12 in F.A.No.438/12 in C.C.No.338/09.
Shri Ajit Subhash Dube, R/o Pemgiri Tq.Sangamner, Dist.Ahmednagar.
10. M.A.No. 279/12 in F.A.No.439/12 in C.C.No.339/09.
Bhimashankar Kanhuji Akolkar, R/o Madhuban Housing Society, Sangamner, Tq.Sangamner, Dist.Ahmednagar.
11. M.A.No. 280/12 in F.A.No.440/12 in C.C.No.340/09.
Shri Sujit Subhash Dube, R/o At Post Pemgiri Tq.Sangamner, Dist.Ahmednagar.
12. M.A.No. 281/12 in F.A.No.441/12 in C.C.No.341/09.
Sau.Padma Changdev Khatale, R/o Saikrupa Housing Society, Near Kate Malwani Post Office, Kalyan ( E).
3 F.A.No.: 430-463/201213. M.A.No. 282/12 in F.A.No.442/12 in C.C.No.342/09.
Sau.Lata Subhash Dube, R/o At Post Pemgiri Tq.Sangamner, Dist.Ahmednagar.
14. M.A.No. 283/12 in F.A.No.443/12 in C.C.No.343/09.
Rajani Bhausaheb Akolkar, R/o Madhuban Housing Society, Sangamner, Tq.Sangamner, Dist.Ahmednagar.
15. M.A.No. 284/12 in F.A.No.444/12 in C.C.No.344/09.
Subhash Punjaji Dube, R/o At Post Pemgiri, Tq.Sangamner, Dist.Ahmednagar.
16. M.A.No. 285/12 in F.A.No.445/12 in C.C.No.345/09.
Sau.Kusum Nivrutti Varghude, R/o Sarang Housing Society, Bunglow No.1, Nashik Sangamner, High Way, Sangamner, Dist.Ahmednagar.
17. M.A.No. 286/12 in F.A.No.446/12 in C.C.No.350/09.
Shri.Balasaheb Godhaji Naikwade, R/o Hotel Abhishekh, Nagar-Manmad Road, Shirdi, Tq.Rahata, Dist.Ahmednagar.
18. M.A.No. 287/12 in F.A.No.447/12 in C.C.No.351/09.
Sau.Rohini Diliprao Shelke, R/o Hotel Abhishekh, Nagar-Manmad Road, Shirdi, Tq.Rahata, Dist.Ahmednagar.
19. M.A.No. 288/12 in F.A.No.448/12 in C.C.No.352/09.
Shri Balasaheb Baburao Jadhav, R/o Shradha Saburi Bunglow, Jadhav Petrol Pump, at Post Shirdi, Tq.Rahata, 4 F.A.No.: 430-463/2012 Dist.Ahmednagar.
20. M.A.No. 289/12 in F.A.No.449/12 in C.C.No.353/09.
Shri.Vijay Dnyaneshwar Shelke, R/o Nagar-Manmad Road, Shirdi, Tq.Rahata, Dist.Ahmednagar.
21. M.A.No. 290/12 in F.A.No.450/12 in C.C.No.355/09.
Ku.Leena Nanasaheb Mhaske, R/o 23, Shivprasad Housing Society, Loni(Bk), Tq.Rahata, Dist.Ahmednagar.
22. M.A.No. 291/12 in F.A.No.451/12 in C.C.No.354/09.
Shri.Dilip Sopanrao Shelke, Hotel Abhishek, Nagar-Manmad Road, Shirdi, Tq.Rahata, Dist.Ahmednagar.
23. M.A.No. 292/12 in F.A.No.452/12 in C.C.No.356/09.
Sau.Sunanda Balasaheb Jadhav, R/o Jadhav Petrol Pump, Shirdi, At Post Shirdi, Tq.Rahata, Dist.Ahmednagar.
24. M.A.No. 293/12 in F.A.No.453/12 in C.C.No.357/09.
Sau.Meena Naikwade, R/o Hotel Abhishek, Nagar-Manmad Road, At Post Shirdi, Tq.Rahata, Dist.Ahmednagar.
25. M.A.No. 294/12 in F.A.No.454/12 in C.C.No.358/09.
Shri.Ashok Pandharinath Kote, R/o Biroba Ban, Kachmandir, Shirdi, At Post Shirdi, Tq.Rahata, Dist.Ahmednagar.
26. M.A.No. 295/12 in F.A.No.455/12 in C.C.No.359/09.
Sandeep Ashok Kote, R/o Biroba Ban, Kachmandir, Shirdi, 5 F.A.No.: 430-463/2012 At Post Shirdi, Tq.Rahata, Dist.Ahmednagar.
27. M.A.No. 296/12 in F.A.No.456/12 in C.C.No.360/09.
Dilip Ramdhari Rajput, R/o M.B.P. Jadhav and Company, H.P.C. Dealer Shirdi, Tq.Rahata, Dist.Ahmednagar.
28. M.A.No. 297/12 in F.A.No.457/12 in C.C.No.361/09.
Sau.Anjali Niranjan Patil, R/o Behind Hotel Saibaba International, Shirdi, Tq.Rahata, Dist.Ahmednagar.
29. M.A.No. 298/12 in F.A.No.458/12 in C.C.No.362/09.
Shri.Rajendra Trambak Shinde, R/o Behind Hotel Saibaba International, Shirdi, Tq.Rahata, Dist.Ahmednagar.
30. M.A.No. 299/12 in F.A.No.459/12 in C.C.No.363/09.
Sau.Geetabai Trambik Shinde, R/o Behind Hotel Saibaba International, Shirdi, Tq.Rahata, Dist.Ahmednagar.
31. M.A.No. 300/12 in F.A.No.460/12 in C.C.No.387/09.
Shri.Mahendra Shivaji Gunjal, R/o Jeevan Chhaya Housing Society, Bunglow No.23, Takli Road, Dwarka, Nashik.
32. M.A.No. 301/12 in F.A.No.461/12 in C.C.No.388/09.
Sau.Rohini Mahendra Gunjal, R/o Jeevan Chhaya Housing Soceity, Bunglow No.23, Takli Road, Dwarka, Nashik.
33. M.A.No. 302/12 in F.A.No.462/12 in C.C.No.389/09.
Shri.Shivaji Baburao Gunjal, 6 F.A.No.: 430-463/2012 R/o Jeevan Chhaya Housing Soceity, Bunglow No.23, Takli Road, Dwarka, Nashik.
34. M.A.No. 303/12 in F.A.No.463/12 in C.C.No.390/09.
Shri.Sandeep Dnyaneshwar Shelke, R/o Nagar Manmad Road, Shirdi, At Post Shirdi, Tq.Rahata, Dist.Ahmednagar. ...APPELLANTS VERSUS Shri.Balasaheb Satbhai Merchants Co.operative Bank Ltd., Post Box No.39, Near Shekari Building, Kopargaon, Tq.Kopargaon, Dist.Ahmednagar, Through its Official Liquidator. ...RESPONDENT.
CORAM : Mr.S.M.Shembole, Hon`ble Presiding Judicial Member.
Mr.K.B.Gawali, Hon`ble Member.
Smt.Uma S.Bora, Hon`ble Member.
Present : Adv.N.N.Desale for appellants, Adv.Shri.Nitin Bhavar for respondent.
O R A L O R D E R Per Mr.S.M.Shembole, Hon`ble Presiding Judicial Member.
1. All these applications are filed for condonation of delay of 115 days which was caused in preferring appeals against the common judgment and order dated 14th December 2009 passed by District Forum Ahmednagar in consumer complaints which were filed by applicants/appellants.
7 F.A.No.: 430-463/20122. We heard learned counsel for both sides, perused the applications under order and copy of impugned judgment and order as well as copies of other relevant documents. Since facts in all the applications are common and the delay which was caused is also same, we have decided to dispose of all these applications by this common judgment.
3. Undisputed facts are that, initially on 12.4.2010 common appeal bearing No.255/2010 was filed by all the appellants, though there were separate complaints. It was filed within the period of limitation. However, as objection was raised on the application of applicants this Commission vide its order dated 10.4.2012 permitted to file separate appeals by withdrawing the common appeal. Accordingly, applicants withdrew the appeal. However, they have not filed these separate appeals immediately after withdrawal of common appeal. According to the applicants they have not filed appeal immediately as they were required to obtain permission of Co- operative Registrar, U/s 107 of Maharashtra Co-operative Societies Act as the opponent society is under the liquidation and Liquidator was already appointed long back before filing the complaints.
4. It is submitted by Shri.Desale learned counsel for the applicants that as objection was raised by non-applicant pending the common appeal, applicants thought better to obtain necessary permission from Co-operative Registrar before filing fresh appeals. Therefore on 23.4.2012 they applied. However, as they could not get permission and there was delay on the part of Co-operative Registrar, they have filed these separate appeals on 4.9.2012. However, subsequently they received permission granted by the Co-operative Registrar in the month of February and March 2013 etc. It is submitted that there was no malafide intention on the part of appellant to cause such delay but in order to take abundant precaution they have applied for permission of Co.operative Registrar 8 F.A.No.: 430-463/2012 before filing appeals, so that there should not be any objection by the non-applicant etc. On all these grounds it is submitted to condone the delay.
5. Per contra, Shri.Bhavar learned counsel appearing for non- applicant submitted that there is no just and reasonable ground to condone such inordinate delay. According to him when the applicants withdrew their appeal with permission of this Commission to file separate appeals, they should have filed separate appeals immediately. But instead of filing the appeals they applied to the Co- operative Registrar for permission etc. It is submitted that they should have applied for permission of the Co-operative Registrar after filing separate appeals as they had already filed common appeal etc. Moreover, it is submitted that though it is the contention of applicants that they have obtained permission of Co-operative Registrar, it is not obtained for filing appeals before this Commission but they have obtained permission for filing dispute before Co- operative Court etc. On all these grounds it is submitted to dismiss the applications.
6. True it is that as legal objection was raised by opponent pending initial common appeal about requirement of permission of Co- operative Registrar U/s 107 of Maharashtra Co-operative Societies Act, applicants applied for permission for withdrawal of the appeal. But though such objection was raised also pending the consumer complaints, no reasons are disclosed as to why the applicants have not applied to the Co-operative Registrar for such permission pending the complaints and also pending initial appeal. Not only this, but though the applicants have withdrawn their initial appeal, it was not withdrawn for filing the separate appeals on getting such permission of Co-operative Registrar. They have withdrawn the appeal merely on the ground to file separate appeals. Therefore, in our view when the applicants have withdrawn the appeal only to file separate appeals, 9 F.A.No.: 430-463/2012 they should have filed separate appeals immediately and they should have applied for permission of Co.operative Registrar after filing the separate appeals. Therefore the argument advanced by learned counsel appearing for the applicants that applicants with due diligence applied for permission of Co-operative Registrar before filing the separate appeals cannot be sustained.
7. However, learned counsel for the applicants relied on the following authorities of Hon`ble Supreme Court and submitted that while considering an application for condonation of delay liberal approach is expected to be taken so as to advance substantial justice and if liberal approach is not taken and delay is not condoned, no purpose will be served etc. Authorities relied on by him are that;
i) Collector Land Acquisition Anantnag -Vs- Katiji reported in AIR 1987 SC 1353
ii) Ghasi Ram -Vs- Chait Ram Saini, 1998 DGLS (Soft.) 619.
He has also relied on the following authorities of Hon`ble Bombay High Court.
i) Ashok Balaji Ratan -Vs- Nagpur Improvement Trust, Nagpur, 2004 (3) Mh.L.J. page No.659.
ii) Parighbai Laxman Turakane -Vs- Ashabai Raosaheb Lasure, Maharashtra Law Journal 2012 page 802.
8. But with due respect, considering the facts of these applications above authorities cannot be applicable, when the special provision under Consumer Protection Act 1986 in which summary procedure is given for expeditious disposal of the matter. It should be noted as held by Hon`ble Supreme Court in case of Anshul Aggarwal -Vs- New 10 F.A.No.: 430-463/2012 Okhla Industrial Development Authority, IV (2011) CPJ 63 (SC) that, "the Court has to keep in mind that the special period of limitation has been prescribed under Consumer Protection Act 1986 for filing appeals and revisions in consumer matters and the object of expeditious adjudication of consumer disputes will get defeated if this Court was to entertain highly belated petitions filed against order of the Consumer Fora".
9. In view of the above observations of Hon`ble Apex Court, in the absence of any reasonable explanation such inordinate delay which was caused for filing separate appeals by the applicants cannot be condoned. If such inordinate delay is condoned the very object of statute would be defeated.
10. For the forgoing reasons we are declined to condone the delay and pass the following order.
O R D E R
1. All the applications are dismissed.
2. Consequently appeals are dismissed.
3. No order as to cost.
4. Pronounced and dictated in the open court.
5. Copies of the judgment be issued to both the parties.
K.B.Gawali, Uma S.Bora, S.M.Shembole, Member Member Presiding Judicial Member Mane