Dnyandeep Co-Op.Credit Society Ltd
This is a discussion on Dnyandeep Co-Op.Credit Society Ltd within the Judgments forums, part of the General Discussions category; CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA STATE, MUMBAI First Appeal no.1508/2008 Date of Filing: 02/12/2008 @ Misc.Application No.2121/2008-Stay Consumer Complaint No.211/2008 ...
- 08-31-2009, 03:13 PM #1
Dnyandeep Co-Op.Credit Society Ltd
CONSUMER DISPUTES REDRESSAL COMMISSION
MAHARASHTRA STATE, MUMBAI
First Appeal no.1508/2008 Date of Filing: 02/12/2008
@ Misc.Application No.2121/2008-Stay
Consumer Complaint No.211/2008
District Consumer Forum: Satara Date of Order: 21/07/2009
The Special Recovery & Sale Officer, Appellant
Dnyandeep Co-Op.Credit Society Ltd. (Org.Opp.Party no.1)
Bazarpeth Branch, Medha, Tal- Javali,
Dist- Satara through
Mr.Shivaaji B. Kumbhar
1. Mr.Raghunath Yashwant Kulkarni, Respondent
R/at- 186, Yadogopal Peth, Vishnu Kamal (Org. Complainant)
Apartmnet, t-4, Satara- 415 002.
2. Branch Manager, (Org.Opp.party no.2)
The State Bank of India,
Pratapganj Peth, Satara.
Corum : Mr.S.R.Khanzode, Hon’ble Presiding Judicial Member.
Smt.S.P.Lale, Hon’ble Member.
Present: Adv.Mr.Amol More for appellant.
None for respondent Nos. 1 & 2.
:- ORDER :-
Per Mr.S.R.Khanzode, Hon’ble Presiding Judicial Member:
This appeal arises out of order/award dated 03/11/2008 passed in consumer complaint no. 211/2008 Mr.Raghunath Yashwant Kulkarni v/s. The Special Recovery & Sale Officer, Dnyandeep Co-Op.Credit Society Ltd. by District Forum, Satara (Forum below in short)
The appellant/org.opposite party no.1 was appointed as Recovery Officer and as per the certificate issued under Section 101 of Maharashtra Co-operative Societies Act, 1960, he took steps to recover the dues from the respondent/ Mr.Raghunath Yashwant Kulkarni by attaching the salary. The complainant challenged that action by way of consumer complaint. The same was partly allowed and feeling aggrieved thereby, this appeal is preferred by org.opp.party no.1.
We heard Adv.Mr.Amol More for appellant. Both the respondents served, but absent. Perused the record.
In the instant case the appellant/org.opp.party nno.1 was acting under the sovereign powers as a Recovery Officer and taking steps in the execution under Section 101 of Maharashtra Cop-operative Societies Act, 1960. If, respondent/org.complainant had any grievance about any steps taken, particularly about attachment part of salary, then he would have taken recourse to legal remedy available to him in Maharashtra Co-operative Societies Act, 1960. Certainly respondent/org.complainant is not a consumer and opposite party no.1 is not a Service Provider. It is not the consumer dispute at all within meaning of Consumer Protection Act, 1986. Forum below erred in assuring the jurisdiction and in partly allowing the complaint. We hold accordingly and pass the following order:
1. Appeal is allowed.
2. Impugned order/award dated 03/11/2008 stands set aside and in effect the complaint stands dismissed.
3. The respondent/org.complainant to bear his own costs and pay Rs. 5,000/- as cost of the appeal to the appellant/opposite party no.1.
4. Respondent/org.opposite party no.2/State Bank of India to bear its own costs.
5. Misc.Application No.2121/2008 for stay stands disposed of as infructuous.
6. Copies of the order herein be furnished to the parties.
Member Presiding Judicial Member
- By Sidhant in forum JudgmentsReplies: 0Last Post: 09-12-2009, 08:25 AM
- By Sidhant in forum JudgmentsReplies: 0Last Post: 09-12-2009, 06:58 AM
- By admin in forum JudgmentsReplies: 0Last Post: 09-03-2009, 04:04 PM
- By Advocate.sonia in forum JudgmentsReplies: 0Last Post: 09-02-2009, 11:58 AM
- By Sidhant in forum JudgmentsReplies: 0Last Post: 09-01-2009, 11:43 AM