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State Consumer Disputes Redressal Commission

Umabai Annasaheb Bhosle vs M S E B Staff Co Oprative Credit Socity on 5 June, 2015

                                   1                   F.A.No.:154/2015




                                Date of filing :05.03.2015
                                Date of order :05.06.2015
MAHARASHTRA STATE CONSUMER DISPUTE REDRESSAL
COMMISSION,MUMBAI, CIRCUIT BENCH AT AURANGABAD.

FIRST APPEAL NO. :154 OF 2015
IN COMPLAINT CASE NO.: 99 OF 2013
DISTRICT CONSUMER FORUM :OSMANABAD.

1.    Umabai Annasaheb Bhosale,
      R/o Gavsud, Tq.Osmanabad,
      Dist.Osmanabad.

2.    Arvind Annasaheb Bhosale,
      R/o Gavsud, Tq.Osmanabad,
      Dist.Osmanabad.

3.    Ganesh Annasaheb Bhosale,
      R/o Gavsud, Tq.Osmanabad,
      Dist.Osmanabad.

4.    Amol Annasaheb Bhosale,
      R/o Gavsud, Tq.Osmanabad,
      Dist.Osmanabad.                           ...APPELLANTS


VERSUS


M.S.E.B. Staff Co-op. Credit Society Ltd.,
Through its Chairman,
Maruti Bhikaji Khamkar.                         ...RESPONDENT.


            CORAM :      Mr.S.M.Shembole, Hon`ble Presiding Judicial
                         Member.

Smt.Uma S.Bora, Hon`ble Member.

Present : Adv.Shri.S.B.Choudhary for appellants.

O R A L JUDGMENT (Delivered on 5th June 2015) Per Mr.S.M.Shembole, Hon`ble Presiding Judicial Member.

1. Challenge in this appeal is the judgment and order dated 5.2.2015 passed by District Consumer Forum Osmanabad dismissing consumer complaint No.99/2013.

2. We heard Shri.S.B.Choudhary learned counsel appearing for the appellants and perused the record. Considering the facts of the case and submission of learned counsel for the appellants, we have decided to dispose of this appeal at the stage of admission.

3. Mr.Choudhary learned counsel for the appellants submitted that initially complainant had filed consumer complaint against insurance company, but the same came to be dismissed as opponent credit society was not made party. Therefore though the complainant has filed complaint against credit society, insurance company from whom credit society had purchased insurance policy is not made party. According to him insurance company is necessary party and therefore submitted to remand the matter with direction to allow the complainants impleading insurance company as party and thereafter decide the complaint afresh etc.

4. Considering the peculiar facts of the case that complainants who are members of the opponent credit society had obtained insurance policy through opponent credit society and made insurance claim, it cannot be disputed that in the absence of insurance company no relief can be granted to the complainants. Therefore we feel it just and proper to remand the matter as submitted by Shri.Choudhary learned counsel for the appellants. Hence the following order.

O R D E R

1. Appeal is allowed and impugned judgment dismissing consumer complaint is set aside and matter is remanded back to the District Consumer Forum Osmanabad. Forum is directed to allow the complainants to implead insurance company as opponent and decide the complaint afresh as per law giving opportunity of hearing to both side.

2. Complainants are directed to appear before the Forum Osmanabad on 15/07/2015.

3. Inform accordingly to the District Consumer Forum Osmanabad.

4. No order as to cost.

5. Copies of the judgment be supplied to both the parties.

   Sd/-                                                Sd/-
Uma S.Bora,                                    S.M.Shembole,
 Member                                 Presiding Judicial Member


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