State Consumer Disputes Redressal Commission
Navbharat Non Agricultural Credit ... vs Mrs.Smita Deepak Bandiwadekar And Ors on 16 August, 2018
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
MAHARASHTRA, MUMBAI
REVISION PETITION No.RP/18/42
1.Navbharat Non Agricultural Credit Co-op.
Society Ltd.
Through it's Chairman
Mr.Ananda Sankar Kaduskar
Main road, Talmavale
Taluka Patan, District Satara
2. Shree Dattatray Patil
Manager
Navbharat Non Agricultural Credit Co-op.
Society Ltd.
Main road, Talmavale
Taluka Patan, District Satara
3. Mr.Saurabh Sanjay Desai
Vice Chairman
Navbharat Non Agricultural Credit Co-op.
Society Ltd.
4. Mr.Sanjay Dadosa Desai, Director
5. Mr.Mahadev Maruti Varekar, Director
6. Mr.Shivaji Sangappa Jangani, Director
7. Mr.Dhanraj Ajit Bhosle, Director
8. Mr.Shivaji Shreepati Kirtane, Director
9. Mr.Amit Ramesh Tavte, Director
10. Mr.Ramesh Balkrishna Gurav, Director
11. Mr.Ravindra Kashinath Burse, Director
12. Mrs.Apeksha Avinash Kamble, Director
13.Mrs.Sharda Sachin Poojari, Director
Petitioner nos.3 to 13 having address
Navbharat Non Agricultural Credit Co-op.
Society Ltd.
Main road, Talmavale
Taluka Patan, District Satara .....Petitioners
Versus
1.Mrs.Smita Deepak Bandiwadekar
R/o.Shreeyog, Parijat Housing Society Ltd.
Opp.Karmel School, Post Panvel
District Raigad
2. Mr.Ramchandra Jairam Bhohir
Vice President .........Respondents
Dhondpada, Post Koproli
1
Taluka Pen, District Raigad
3. Mr.Shrikant K.Sahestrabudhe
Secretary
202, Ramsita Complex
Kumbhar Aali, Pen
4. Shri Prashant Narayan Salvi
Joint Secretary
202, Prateshmesh Gokuldham
Chavdi Naka, Pen
5. Mr.Prakash K.Devle, Treasurer
Vitthal Ali, Pen, Raigad
6. Mr.Sudhir Ramchandra Joshi, Member
Zirar Ali, Pen, Raigad
7. Mr.Suresh B.Telange, Member Prajakta Building, II Ground Floor Near office of Co-operative Registrar Chinchapada, Pen
8.Shri Bharat Vitthal Pitle, Member Bajar Pete, Near Laxmi Narayan Temple Pen, District Raigad
9. Mr.Arvind Ganesh Sathe, Member Kapur Baug, Pen
10. Mr.Subhash Shyamrao Phad, Member Kumbhar Ali, Pen
11. Mr.Purshottam G.Chakradev Lokmanya Society Near Aamrai, Pen, Raigad
12. Mrs.Radhika S.Deshkar 205, Saurabh Building Devali, Pen, Raigad
13. Mrs.Madhvi M.Mane Shree Vallabh Building Devali, Pen, Raigad BEFORE: Justice A.P.Bhangale, President A.K.Zade, Member ORDER Per Hon'ble Justice A.P.Bhangale, President Heard submissions of Mr.Mohit Bhansali-Advocate for revision petitioners and Mr.Atul U. Rathod-Advocate for respondent no.1 in revision petition questioning propriety, legality and correctness of the order dated 05/02/2018 passed in consumer complaint no.CC/17/120 in a complaint 2 filed by Smita Deepak Bandivadekar against Navbharat Non Agricultural Credit Co-op. Society Ltd. and others.
It appears that Learned Forum below though noted presence of Advocate Thosar and complainant who gave precipe in writing proceeded to pass impugned interim order, which is questioned on the ground that though the complaint was opposed by 25 opponents, without hearing the parties or without following the principles of natural justice, the impugned order was passed, which is interim in nature will affect important legal rights of the parties.
As the learned Forum passed an order which was in the nature of injunction and mandatory in nature, whereby the property belonging to the opponent was not to be sold as a consequence of the interim order. We therefore set aside the impugned order after hearing the submissions of learned advocates for the parties and direct the Learned Forum to hear the parties afresh in consumer complaint no.CC/17/120 and then to pass an appropriate order after following the principles of natural justice. We direct the parties to appear before the Learned Forum on 28/08/2018 at 10.30 a.m. Revision petition stands disposed of accordingly.
Pronounced on 16th August, 2018.
[Justice A.P.Bhangale] PRESIDENT [A.K.Zade] MEMBER Ms 3