State Consumer Disputes Redressal Commission
Rajendra Madhukar Deval & Ors vs Shri Pandurang Gopal Mutalik & 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/11/162
(Arisen out
of Order Dated 06/06/2007 in Case No. 129/2007 of District Sangli)
1. RAJENDRA MADHUKAR DEVAL
HIGH
SCHOOL ROAD MIRAJ
DIST.SANGLI
2. DR.APPASAHEB M.GADVE
GURUWAR PETH, MIRAJ, DISTRICT SANGLI
3. NISHIKANT APPASO PATIL
HIGH
SCHOOL ROAD MIRAJ
DIST.SANGLI
4. SURESH D.AWATI
KAMAN VES, MANGALWAR PETH, MIRAJ
DIST.SANGLI
5. DIPAK 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.SACHIN SHANKAR 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, TALUKA MIRAJ, DIST.SANGLI
15.DAYADHAN L.SONAWANE, UDGAON VES
MIRAJ, DIST.SANGLI
EX-DIRECTORS OF
MIRAJ URBAN CO-OP.BANK LTD. (UNDER LIQUIDATION)
NEAR RAILWAY STATION, MIRAJ, DIST.SANGLI
MAHARASHTRA
...........Appellant(s)
Versus
1. SHRI PANDURANG GOPAL MUTALIK
2. SOU. KALPANA PANDURANG MUTALIK
3. SHRI RAJESH VASANT KULGOD
4. SOU. SANGITA RAJESH KULGOD
5. SOU. ROHINI CHANDRAKANT JOSHI
6. SHRI CHANDRAKANT MAHADEV JOSHI
7. SHRI RAVIKIRAN C.JOSHI
8. MS.GEETA C.JOSHI
ALL R/O. C/O. P.G. MUTALIK, NEXT TO
BALGANDHARVA,MIRAJ-416 410
9. BRANCH MANAGER,MIRAJ URBAN CO-OPERATIVE BANK LTD.
BR.LAXMI MARKET, MIRAJ
DIST.SANGLI
10. BRANCH MANAGER,MIRAJ URBAN CO-OPERATIVE BANK
LTD.
BR.STATION ROAD, MIRAJ, DIST.SANGLI
11. BRANCH MANAGER,MIRAJ URBAN CO-OPERATIVE BANK
LTD.
BR.INDUSTRIAL ESTATE, MIRAJ SANGLI ROAD
MIRAJ, DIST.SANGLI
...........Respondent(s)
BEFORE:
Hon'ble Mr. S.R. Khanzode PRESIDING MEMBER
HON'ABLE MR. Narendra Kawde MEMBER PRESENT:
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 complainants.
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 complainants.
This appeal takes an exception to an order dated 06/06/2007 passed in consumer complaint no.129/2007, Mr.Pandurang Gopal Mutalik and others v/s. The Miraj Urban Co-op.Bank Ltd., Miraj by District Forum, Sangli. It is a case of alleged deficiency in service on the part of original opponent viz. the bank, its officials and its Directors for not refunding the deposits kept by the respondents/complainants (herein after referred as complainants- Mr.Pandurang Gopal Mutalik, Sau. Kalpana Pandurang Mutalik, Mr.Rajesh Vasant Kulgod, Sau.Sangita Rajesh Kulgod, Sau.Rohini Chandrakant Joshi, Mr.Chandrakant Mahadeo Joshi, Mr.Ravikiran Chandrakant Joshi, Geeta Chandrakant Joshi). Forum directed opponents including appellants who are one of the directors to return the deposited amount placing upon them joint and several liability. They were also further directed to pay `2000/- as compensation towards the mental torture. Employees of the bank were exonerated while passing the impugned order.
Feeling aggrieved thereby some of the opponents/directors as mentioned in the title of the appeal memo preferred this appeal.
In the instant case, since the respondent Miraj Urban Co-operative Bank Ltd. did not prefer any appeal, order as against them stood confirmed. Similarly, opponents who are not parties and against whom directions were given holding them liable to pay the amount, since did not prefer any appeal, impugned order as against them also reached finality. However, so far as appellants/opponents are concerned, they stand on different footing.
In view of the decision of the High Court of Judicature at Bombay in the matter of Sou.Varsha Ravindra Isai V/s. Sou.Rajashri Rajkumar Chaudhari & Ors. Reported in AIR 2011 BOMBAY 6, appellants/directors cannot be held personally responsible to pay dues or compensation for alleged deficiency in service.
Therefore impugned order as against appellants needs to be set aside.
It is tried to be submitted on behalf of respondents/original complainants that only after the complainants claimed refund of their respective deposits, the banking permission was revoked by the Reserve Bank of India and, thereafter, Liquidator was appointed and, therefore, then Directors of the Bank should be held responsible. We are afraid this submission is devoid of any substance.
One more point that comes in favour of the appellant, namely, that though in a complaint a vague statement is made to the effect that the complainants are part of joint family, the investments were never made for the Hindu Joint Family. Referring to the surnames of the depositors, it could be seen that they are from different families and not part of one Hindu Joint Family. Therefore, if the deposits are kept by each one of the complainants, section 12(1)(c) is attracted in the instant case. Since necessary permission of the District Forum was not obtained the complaint itself gets vitiated. We need to consider this aspect as against the appellants only and not against other opponents against whom the impugned order reached finality.
For the reasons stated above, we hold accordingly and pass the following order:-
ORDER
1.
Appeal is allowed.
2. Impugned order dated 06/06/2007 is set aside as against present appellants only and the consumer complaint as against present appellants stands dismissed.
3. In the given circumstances, both the parties to bear their own costs.
4. Amount if any, deposited as per condition of stay by the appellant shall be refunded to them on verification.
5. 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.