CONSUMER DISPUTES REDRESSAL COMMISSION

MAHARASHTRA STATE, MUMBAI



FIRST APPEAL NO.1585/2008

IN CONSUMER COMPLAINT NO.171/2004 Date of order : 03/07/2009

ADDITIONAL DISTRICT CONSUMER FORUM, MUMBAI SUBURBAN

@ MISC.APPPLICATION NOS.2237 & 2238/2008



Shri Vileparle Gujrati Mandal Co-op.Housing Soc.Ltd.

Nehru Road, Vile Parle(E)

Mumbai 400 057 ………..Appellant/org.O.P.

v/s.

1. Consumer Welfare Association

402, Ashoka Complex, B wing

Justice Ranade Road, Dadar

Mumbai 400 028

2. Kum.Veena S.Parekh

C-1-32, Shri Vile Parle Gujrati Mandal

Co-op.Hsg.Society Ltd.

Nehru road, Vileparle(E)

Mumbai 400 057 ………Respondents/org.complainants



Corum: Shri S.R.Khanzode, Hon’ble Presiding Judicial Member

Smt.S.P.Lale, Hon’ble Member

Present : Mr.S.S.Shirke-Advocate for the appellant.

None for respondent no.1

Respondent no.2 in person.

O R A L O R D E R



Per Shri S.R.Khanzode, Hon’ble Presiding Judicial Member

1. This appeal arises out of order/award dated 15/9/2008 passed in consumer complaint no.171/2004 Consumer Welfare Association and another v/s. The Secretary, Vileparle Gujrati Mandal Co-op. Housing Society Ltd., passed by Additional District Consumer Forum, Mumbai Suburban.

2. There is delay of 32 days in filing the appeal. Therefore misc.application no.2237/2008 is filed seeking condonation of delay. Delay is of few days. Delay is not deliberate or intentional and satisfactorily explained. We are, therefore, inclined to condone the delay. Accordingly, misc.application no.2237/2008 is allowed.

3. It is the grievance of respondents/original complainants that respondent no.2 Kum.Veena S.Parekh who is the member of appellant society had contributed Rs.28,709/- for a specific purpose of repairs of the building. However since the repairs were not carried out, she claimed refund of the same, but in vain. Hence she filed consumer complaint. Consumer Welfare Association joined her cause to file the complaint. Complaint was allowed and feeling aggrieved thereby, this appeal is preferred by original O.P. Society.

4. We heard Mr.S.S.Shirke-Advocate for the appellant. None for respondent no.1. Respondent no.2 in person. Perused the record.

5. In the instant case various issues have been raised including maintainability of the complaint for want of relationship of consumer and service provider and also taking the ground that the repairs were already carried out. Such statement along with supporting documents which inter-alia include certificate of Architect and running bills of expenses, were produced on record but not considered by the Forum below. Further, apparently the receipt e.g. bill no.50 dated 01/08/2002 produced on record shows the contribution towards the ‘repairs and improvement fund of the society’ and not for a particular repair as tried to be projected by the complainant.

6. Furthermore, those contributions towards the repairs fund were made as per the resolution of the General Body meeting. Subsequently, General Body had taken a decision for redevelopment of the property and which action is perhaps changed as could be seen from the submissions of the O.Ps. Disbursement and utilization of corpus fund such as ‘repairs and improvement fund of the society’ is in the hands of the Society. Society’s actions are governed by the provisions of its bye-laws and the provisions under the Co-operative Societies Act. The refund of contribution to above referred fund may require sanction/approval of the General Body meeting of the Society. These questions need to be addressed and answered by the Forum below before settling the dispute as per impugned order/award. Forum below, thus, committed illegality and the impugned order/award cannot be supported in the eyes of law. Hence, we hold accordingly and pass the following order:-

ORDER

1. Misc. application no.2237/2008 is allowed.

2. Appeal is allowed.

3. Impugned order/award dated 15/09/2008 is set aside. Matter is remitted back to the Forum below with a direction to give opportunity to both the sides of hearing and then settle the dispute according to law.

4. No order as to costs.

5. Appeal stands disposed of accordingly.

6. Matter be expedited and every endeavour shall be made to dispose of the same within three months from receipt of the order.

7. Misc. application no.2238/2008 for stay stands disposed of.

8. Copies of the order be furnished to the parties.





( S.P.Lale) (S.R.Khanzode)

Member Presiding Judicial Member