State Consumer Disputes Redressal Commission
Ghati Bilwan Co-Operative Agriculture ... vs Smt. Ayodhia Devi. & Ors. on 11 May, 2017
H. P. STATE CONSUMER DISPUTES REDRESSAL
COMMISSION SHIMLA
First Appeal No. : 22/2017
Date of Presentation: 19.01.2017
Order Reserved On : 28.03.2017
Date of Order : 11.05.2017
......
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.1
Versus
1. Ayodhia Devi w/o Late Shri Saran Dass,
R/o Village & Post Office Riri 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. 2
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. Rajinder Thakur 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. Ayodhia Devi & Ors.
(F.A. No.22/2017) Execution Application No.46 of 2016 title Ayodhia Devi Versus Ghatti Bilwan Co-operative Agriculture Society. Brief facts of Case:
2. Complainant Ayodhia Devi filed consumer complaint No.56 of 2014 against opposite parties before learned District Forum and same was disposed of on dated 06.08.2015. Learned District Forum ordered that opposite parties would pay a sum of Rs.101743/- (One lac one thousand seven hundred forty three) 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.5000/-
(Five thousand) as compensation for harassment to complainant. In addition learned District Forum further ordered that opposite parties would pay Rs.3000/- (Three thousand) as litigation costs to complainant.
3. As per record order of learned District Forum attained stage of finality. Thereafter complainant filed execution application under sections 25 & 27 of Consumer Protection Act 1986 for enforcement of order dated 06.08.2015. 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 new society has started working and 2 Ghati Bilwan Cooperative Agriculture Service Society Vs. Ayodhia Devi & Ors.
(F.A. No.22/2017) new President Subhash Chand & Secretary Shri Abhilakshay Jakhota be impleaded as co-parties in the execution application. Learned Executing Forum on dated 18.10.2016 allowed application and impleaded Shri Subhash Chand & Shri Abhilakshay Jakhota as opposite parties in execution application being elected President and Secretary of Ghati Bilwan Co-operative Agriculture Service Society and deleted name of Mangat Ram Administrator from execution proceedings.
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.
5. 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 3 Ghati Bilwan Cooperative Agriculture Service Society Vs. Ayodhia Devi & Ors.
(F.A. No.22/2017) Executing Forum listed case for hearing of execution proceedings on 24.01.2017.
6. Feeling aggrieved against order passed by Learned Executing Forum appellant filed present appeal before State Commission under section 27A of Consumer Protection Act 1986.
7. 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.
8. 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:
9. 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 4 Ghati Bilwan Cooperative Agriculture Service Society Vs. Ayodhia Devi & Ors.
(F.A. No.22/2017) of administrator on the ground that election of Managing Committee of Society took place on 13.06.2016. Thereafter Ms. Bandana Sharma advocate has given statement on dated 18.10.2016 before learned Executing Forum that name of Shri Mangat Ram be deleted from execution proceedings.
10. 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.
11. 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.
12. 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. 5 Ghati Bilwan Cooperative Agriculture Service Society Vs. Ayodhia Devi & Ors.
(F.A. No.22/2017)
13. 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.
14. In the present case complainant filed execution application under section 25 & 27 of Consumer Protection Act 1986 for enforcement of order of learned District Forum dated 06.08.2015 announced in consumer complaint No.56 of 2014. 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 execution application jointly under sections 25 & 27 of Consumer Protection Act 1986. It is held that learned Executing Forum was under legal obligation to direct complainant to file execution applications independently under sections 25 & 27 of Consumer Protection Act 1986 because mode of proceedings under sections 25 & 27 of Consumer Protection Act 1986 are entirely different. It is held that joint application for execution under sections 25 & 27 is not maintainable due to different mode of execution under sections 25 & 27 of Consumer Protection Act 1986.
6 Ghati Bilwan Cooperative Agriculture Service Society Vs. Ayodhia Devi & Ors.
(F.A. No.22/2017)
15. It is held that under 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.
16. 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 was under legal obligation to proceed under Code of Criminal Procedure 1973 for summary trial and thereafter recover the amount in accordance with law.
17. 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 Consumer Protection Act 1986 and in the present case learned Executing Forum also did not proceed 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
18. In view of findings upon point No.1 appeal is allowed. Order of learned Executing Forum dated 27.12.2016 announced in execution application No.46 of 2016 title Smt. Ayodhia Devi Versus Ghati Bilwan Co-operative Agriculture Service Society is set aside. Undertaking given by Shri Subash 7 Ghati Bilwan Cooperative Agriculture Service Society Vs. Ayodhia Devi & Ors.
(F.A. No.22/2017) 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 obtain option of complainant whether to proceed under section 25 or under section 27 of Consumer Protection Act 1986 and thereafter learned Executing Forum will proceed in accordance with procedure mentioned under section 25(3) of Consumer Protection Act 1986 and procedure mentioned under section 27 of Consumer Protection Act 1986. 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 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 8 Ghati Bilwan Cooperative Agriculture Service Society Vs. Ayodhia Devi & Ors.
(F.A. No.22/2017) 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 11.05.2017.
GUPTA} 9