State Consumer Disputes Redressal Commission
Rajendra Madhukar Deval & Ors vs Sou Nilawati Vishwanath Deshmane & Ors on 13 August, 2012
BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
BEFORE THE
HON'BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
First Appeal
No. A/11/161
(Arisen out
of Order Dated 04/12/2006 in Case No. 255/06 of District Sangli)
1.RAJENDRA MADHUKAR DEVAL HIGH SCHOOL ROAD MIRAJ DIST.SANGLI
2. DR.APPASAHEB M.GADVE GURUWAR PETH, MIRAJ, DIST.SANGLI
3. NISHIKANT APPASO PATIL HIGH SCHOOL ROAD, MIRAJ, DIST.SANGLI
4. SURESH DEVEPPA AWATI KAMAN VES, MANGALWAR PETH MIRAJ, DIST.SANGLI
5. DILIP D. JAMDAR RAMA UDYAN PANDHARPUR ROAD MIRAJ, DIST.SANGLI
6. RAGHUNATHRAO G.NAGARGOJE NIMAJAGA MAL, BHARATNAGAR MIRAJ, DIST.SANGLI
7. MOHAMED GOUS ABDUL GAFFAR SAHEB MANER LAXMI MARKET, MIRAJ, DIST.SANGLI
8. SACHIIN S.KERIPALE NADIVES, SHASTRI CHOWK MIRAJ, DIST.SANGLI
9. SALIM S.MAGDUM GURUWAR PETH, MIRAJ, DIST.SANGLI
10. ANIL V.KORE PATIL GALLI, MIRAJ, DIST.SANGLI
11. MRS.JAYASHRI P. PIDDE MAGDUM GALLI, MIRAJ, DIST.SANGLI
12. DATTATRAYA M.DURGUDE TAKALI ROAD, GODAD MALA MIRAJ, DIST.SANGLI
13. GANPATI S. MENDHE KOKANE GALLI, MIRAJ, DIST.SANGLI
14. SURESH V.UMASHE AT P/O.BEDAG, MIRAJ, DIST.SANGLI
15. DAYADHAN L.SONAWANE UDGAON VES, MIRAJ, DIST.SANGLI EX-DIRECTORS MIRAJ URBAN CO-OP.BANK LTD.
(UNDER LIQUIDATION) NR.RAILWAY STATION, MIRAJ, DIST.SANGLI MAHARASHTRA ...........Appellant(s) Versus
1. SOU NILAWATI VISHWANATH DESHMANE KUMBHAR GALLI GURUWAR PETH MIRAJ DIST.SANGLI MAHARASHTRA
2. MIRAJ URBAN CO- OPERATIVE BANK LTD. (THROUGH ITS LIQUIDATOR NEAR RAILAY STATION, MIRAJ, DIST.SANGLI
3. BRANCH MANAGER, MIRAJ URBAN CO-OPERATIVE BANK LTD.
BRANCH LAXMI MARKET, MIRAJ, DIST.SANGLI ...........Respondent(s) BEFORE:
Hon'ble Mr. S.R. Khanzode PRESIDING MEMBER Hon'ble Mr. Narendra Kawde MEMBER PRESENT:
Mr.S.B.Prabhawalkar-Advocate a/w. Mr.Subodh Gokhale-Advocate ......for the Appellant Mrs.Vaishali Nimbalkar-Advocate for Miraj Urban Co-op.Bank Ltd.
Ms.Savita Jahagirdar-Advocate for original complainant.
ORAL ORDER Per Honble Mr.S.R.Khanzode, Presiding Judicial Member Heard Mr.S.B.Prabhawalkar-Advocate a/w. Mr.Subodh Gokhale-Advocate for the appellants. Mrs.Vaishali Nimbalkar-Advocate for Miraj Urban Co-op.Bank Ltd. Ms.Savita Jahagirdar-Advocate for original complainant.
This appeal takes an exception to an order dated 04/12/2006 passed in consumer complaint no.255/2006, Sou.Nilawati Vishwanath Deshmane v/s. Miraj Urban Co-op.Bank Ltd. and others; by District Forum, Sangli. It is a case of alleged deficiency in service on the part of original opponents namely the bank, its officials and its Directors for not refunding the deposits kept by the respondent/complainant-Sou.Nilawati Vishwanath Deshmane (herein after referred as complainant). Forum passed the following order:-
(a) Complaint stands allowed.
(b) The Miraj Urban Co-op.Bank Ltd., Miraj (herein called as opponents) for himself and any authorized signatory representing on behalf of said bank individually and collectively hereby directed to issue payment of F.D.R.No.1291, 1292, 1293 & 003318 respectively and also an amount of Saving Account No.16073 of Market Yard Branch and Laxmi Market Main Branch, Miraj to the complainant within one month from the date of passing this order in accordance with law.
(c ) The opposite party is also individually and collectively hereby directed to pay an amount of `2000/- (Two thousand only) as a compensation by way of mental distress and costs of this proceeding to the complainant within one month from the date of passing this order.
(d) Proceeding against an employee if any is hereby dropped.
(e) Non compliance of this order will automatically provide a right to the complainant to proceed against the opposite party under Section25 and 27 of Consumer Protection Act, 1986 in accordance with law.
(f) Inform to the parties accordingly.
In this appeal original opponents/Directors of Miraj Urban Co-op.Bank Ltd. challenged the above referred order as far as they are concerned, namely, clause (c) of the operative part of the impugned order, which is against them. Since Miraj Urban Co-op.Bank Ltd. or complainant did not file any appeal, the order as against them reached finality in view of section 24 of Consumer Protection Act, 1986. As far as present appellants are concerned, according to complainant, they were the Directors of Miraj Urban Co-op.Bank Ltd. No joint or several liability, in the facts and circumstances of the case, could be fastened upon them for the alleged deficiency in service in view of the decision of the High Court of Judicature of Bombay in the matter of Sou.Varsha Ravindra Isai V/s. Sou.Rajashri Rajkumar Chaudhari & Ors. Reported in AIR 2011 BOMBAY 6. Therefore, appeal as against the appellants to the extent of the order which is against them, supra, is to be allowed. We hold accordingly and pass the following order:-
ORDER Appeal is allowed.
Order as against appellants viz. para (c) of the operative part of order dated 04/12/2006 is set aside.
Rest of the order remains undisturbed.
In the given circumstances, both the parties to bear their own costs.
Amount if any, deposited as per condition of stay by the appellant shall be refunded to them on verification.
Copies of the order be furnished to the parties.
Pronounced on 13th August, 2012.
[Hon'ble Mr. S.R. Khanzode] PRESIDING MEMBER [Hon'ble Mr. Narendra Kawde] MEMBER Ms.