State Consumer Disputes Redressal Commission
Ghati Bilwan Co-Operative Agriculture ... vs Smt. Seema Rani. & Anr. on 2 May, 2017
H. P. STATE CONSUMER DISPUTES REDRESSAL
COMMISSION SHIMLA
First Appeal No. : 16/2017
Date of Presentation: 19.01.2017
Order Reserved On : 28.03.2017
Date of Order : 02.05.2017
......
The Ghati Bilwan Co-operative Agriculture Service Society
Post Office Ghati Bilwan Tehsil Jaswan District Kangra H.P.
Through its President Shri Subhash Chand.
...... Appellant/Opposite party No.2
Versus
1. Smt. Seema Rani W/o Shri Sadhu Ram
R/o Village & Post Office Ghatti,
Tehsil Jaswan District Kangra H.P.
...... Respondent/Complainant
2. The Ghati Bilwan Co-operative Agriculture Service Society
Post Office Ghati Bilwan Tehsil Jaswan District Kangra H.P.
Through its Secretary Shri Abhilakshay Jagota
......Respondent/Opposite party No.1
Coram
Hon'ble Justice P.S. Rana (R) President
Hon'ble Mr. Vijay Pal Khachi Member
Hon'ble Mrs. Meena Verma Member
Whether approved for reporting?1 Yes.
For Appellant : Ms. Anjali Soni Verma Advocate.
For Respondent No.1: Mr. Vivek Negi Advocate.
For Respondent No.2: Mr. Anil Kumar Advocate.
JUSTICE P.S. RANA (R) PRESIDENT:
O R D E R:- Present appeal is filed under section 27A of Consumer Protection Act 1986 against order dated 27.12.2016 passed by learned District Executing Forum in 1 Whether reporters of the local papers may be allowed to see the order? Yes. Ghati Bilwan Cooperative Agriculture Service Society Vs. Seema Rani & Anr.
(F.A. No.16/2017) Execution Application No.32 of 2016 title Seema Rani Versus Ghatti Bilwan Co-operative Agriculture Society & Anr. Brief facts of Case:
2. Complainant Seema Rani filed consumer complaint No.143 of 2015 against opposite parties before learned District Forum and same was disposed of on dated 25.02.2016. Learned District Forum ordered that opposite parties would pay jointly and severally a sum of Rs.11500/-
(Eleven thousand five hundred) to complainant alongwith interest @9% per annum from the date of complaint till payment. In addition learned District Forum further ordered that opposite parties would pay a sum of Rs.3000/- (Three thousand) as compensation for harassment to complainant. In addition learned District Forum further ordered that opposite parties would pay Rs.2000/- (Two thousand) as litigation costs to complainant.
3. As per record order of learned District Forum attained stage of finality. Thereafter Seema Rani filed execution application under section 25 of Consumer Protection Act 1986 for enforcement of order dated 25.02.2016. Complainant thereafter filed application under order 1 rule 10 CPC before learned District Forum pleaded therein that new election of co-operative society took place on dated 13.06.2016 and society has started working and new 2 Ghati Bilwan Cooperative Agriculture Service Society Vs. Seema Rani & Anr.
(F.A. No.16/2017) President Subhash Chand be impleaded as party in the execution application. Learned Executing Forum allowed application and impleaded Shri Subhash Chand as opposite party in execution application being elected President of Ghati Bilwan Co-operative Agriculture Society.
4. Thereafter objections filed upon execution application. Learned Executing Forum dismissed objections filed by objectors. On dated 15.12.2016 Subhash Chand elected President Ghatti Bilawan Co-operative Society had given written undertaking before Learned Executing Forum that he would make entire payment within two weeks. Shri Subhash Chand elected President flouted written undertaking and did not pay amount due to complainant in execution proceedings. Learned Executing Forum took cognizance against appellant Subhash Chand under Section 27 of Consumer Protection Act 1986 and convicted him to one month imprisonment and also ordered to pay fine of Rs.2000/- (Two thousand) on dated 27.12.2016. Learned Executing Forum also issued warrant of attachment to Collector to attach property as per revenue papers and site- plan filed. Learned Executing Forum listed case for hearing of execution application on 24.01.2017.
5. Feeling aggrieved against order passed by Learned Executing Forum appellant filed present appeal before State 3 Ghati Bilwan Cooperative Agriculture Service Society Vs. Seema Rani & Anr.
(F.A. No.16/2017) Commission under section 27A of Consumer Protection Act 1986.
6. We have heard learned advocate appearing on behalf of appellant and we have also heard learned advocates appearing on behalf of respondents and we have also perused entire record carefully.
7. Following points arises for determination in present appeal.
1. Whether appeal filed by the appellant is liable to be accepted as mentioned in memorandum of grounds of appeal.
2. Final order.
Findings upon point No.1 with reasons:
8. On dated 10.09.2015 Assistant Registrar Co-operative Society Dehra H.P. appointed Shri Mangat Ram Inspector Co-operative Society as administrator under section 37 of Co-operative Societies Act to conduct election of Managing Committee of Co-operative Society. Thereafter Assistant Registrar Co-operative Society Dehra District Kangra H.P. on dated 16.09.2016 withdrew the appointment of administrator on the ground that election of Managing Committee of Society took place on 13.06.2016. Thereafter Dimple Sharma advocate has given statement on dated 4 Ghati Bilwan Cooperative Agriculture Service Society Vs. Seema Rani & Anr.
(F.A. No.16/2017) 18.10.2016 that name of Shri Mangat Ram be deleted from execution proceedings.
9. On dated 15.12.2016 Subhash Chand President Ghatti Bilwan Cooperative Agriculture Society has given written undertaking before learned Executing Forum that he would make entire payment within two weeks. It is held that final order passed by District Forum or State Commission or National Commission could be enforced as per provision of section 25 (3) of Consumer Protection Act 1986 and as per provision of section 27 of Consumer Protection 1986. It is further held that mode of enforcement of order under section 25(3) of Consumer Protection Act 1986 and mode of enforcement of order under section 27 of Consumer Protection Act 1986 are entirely different as per Consumer Protection Act 1986.
10. It is held that as per section 25(3) of Consumer Protection Act 1986 final order of learned District Forum or State Commission or National Commission could be enforced by way of issuance of certificate for amount due to Collector of District and Collector District is under legal obligation to recover amount due as arrears of land revenue.
11. It is held that as per section 27 of Consumer Protection 1986 learned District Forum is under legal obligation to recover amount due as per mode mentioned in Code of Criminal Procedure 1973 for summary trial. 5 Ghati Bilwan Cooperative Agriculture Service Society Vs. Seema Rani & Anr.
(F.A. No.16/2017)
12. In the present case complainant filed execution application under section 25 of Consumer Protection Act 1986 for enforcement of order of learned District Forum dated 25.02.2016 announced in consumer complaint No.143 of 2015. It is held that option lies with complainant either to file execution application under section 25(3) of Consumer Protection Act 1986 or to file execution application under section 27 of Consumer Protection Act 1986. In the present case consumer has opted to file application under section 25(3) of Consumer Protection Act 1986. It is held that learned Executing Forum was under legal obligation to proceed against opposite parties strictly as per section 25(3) of Consumer Protection Act 1986. It is held that as per section 25(3) of Consumer Protection Act 1986 learned District Forum was under legal obligation to issue certificate for amount due to Collector for recovery as arrears of land revenue.
13. It is held that section 27 of Consumer Protection Act 1986 is punitive section. It is held that under section 27 of Consumer Protection 1986 learned Executing Forum is under legal obligation to issue notice of accusation to opposite parties as per mode mentioned under Code of Criminal Procedure 1973 for summary trial and thereafter recover the amount in accordance with law. In the present case learned Executing Forum did not issue certificate to collector for recovery of amount due as required under section 25(3) of 6 Ghati Bilwan Cooperative Agriculture Service Society Vs. Seema Rani & Anr.
(F.A. No.16/2017) Consumer Protection Act 1986 and in the present case learned Executing Forum also did not issue any notice of accusation to opposite parties as required under Code of Criminal Procedure 1973 for summary trial. In view of above stated facts it is held that learned Executing Forum has committed material procedural irregularity. Point no.1 is decided accordingly.
Point No.2: Final Order
14. In view of findings upon point No.1 appeal is allowed. Interim order of learned Executing Forum dated 27.12.2016 announced in execution application No.32 of 2016 is set aside. Undertaking given by Shri Subash Chand President Ghatti Bilawan Co-operative Society dated 15.12.2016 before Learned Executing Forum will form part and parcel of order. Execution application is remanded back to learned Executing Forum with order that learned Executing Forum will issue certificate for amount due to Collector under section 25(3) of Consumer Protection Act 1986 and thereafter Collector will recover amount due as arrears of land revenue. Money due to complainant will be recovered from the assets of Co-operative society. It is further ordered that learned Executing Forum would ensure that process of recovery of amount due to the complainant would be completed within 7 Ghati Bilwan Cooperative Agriculture Service Society Vs. Seema Rani & Anr.
(F.A. No.16/2017) one month. Learned Executing Forum will dispose of execution application within one month after receipt of file. Observations will not effect merits of execution proceedings in any manner. Parties are directed to appear before learned Executing Forum Kangra at Dharamshala on date 19.05.2017. Parties are left to bear their own litigation costs before State Commission. File of learned Executing Forum alongwith certified copy of order be sent back forthwith and file of State Commission be consigned to record room after due completion forthwith. Certified copy of order be transmitted to parties forthwith strictly as per rules. Appeal is disposed of. Pending application(s) if any also disposed of.
Justice P.S. Rana (R) President Vijay Pal Khachi Member Meena Verma Member 02.05.2017.
GUPTA} 8