| First Appeal No. A/1455/2012 | | ( Date of Filing : 20 Jul 2012 ) | | (Arisen out of Order Dated 27/12/2011 in Case No. EP/49/2006 of District Haveri) |
| | | | 1. The President, Shri. Mahalaxmi Co-operat Credit Society (R), | | Ranebennur, Rep. by Smt. Saroja, W/o. Umesh Desai, Aged 45 years, Occ: House Work, R/o. Vidyanagar, 9th cross, New Yara Public School, Ranebennur, Dist. Haveri |
| ...........Appellant(s) | |
| Versus | | 1. Shantamma | | W/o. Manoharappa, Kurubagonda Shettar, Age 60 years, Occ: Agriculturist . | | 2. Shivabasappa alias Veerappa | | S/o. Manoharappa, Kurubagonda Shettar, Age: Major, Occ: Business . | | 3. Smt. Geeta W/o. Veeranna | | Kurubagonda Shettar, Age: Major, Occ: House Work . | | 4. K. Mukta, D/o. Manoharappa | | Kurubagonda Shettar, Age: Major Occ: House Work . | | 5. Kum. Megha D/o. Veeranna | | Kurubagonda Shettar, Age: Major, Rep by her Minor Guardian Father Respondent No. 4 All are residents of Udayanagar, Haveri, Dist. Haveri . |
| ...........Respondent(s) |
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| Final Order / Judgement | BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (ADDL. BENCH) DATED THIS THE 7th DAY OF NOVEMBER 2024 PRESENT MR. RAVISHANKAR : JUDICIAL MEMBER MRS. SUNITA CHANNABASAPPA BAGEWADI : MEMBER APPEAL NO. 1455/2012 The President Shri. Mahalaxmi co-operative Credit Society, Ranebennur, Rept, by Smt.Saroja, W/o Umesh Desai, Aged 45 years, Occ: House Work, R/o Vidyanagar, 9th Cross, New Yara Public School, Ranebennur, Dist: Haveri. (By, Sri.Prashanth P.N, Advocate) | …Appellant/s |
V/s 1 | Smt. Shantamma, W/o. Manoharappa, Kurubagonda Shettar, Aged 60 years, Occ: Agriculturist, | ….Respondent/s | 2 | Shivabasappa @ Veerappa, S/o Manoharappa, Kurubagonda Shettar, Aged Major, Occ: Buisness, | 3 | Smt. Geeta, W/o Veeranna, Kurubagonda Shettar, Aged Major, Occ: House Work. | 4 | K.Mukta, D/o Manoharappa, Kurubagonda Shettar, Aged Major, Occ: House Work. | 5 | Kum. Megha, D/o Veeranna, Kurubagonda Shettar, Aged Minor, Rept. By her Minor Guardian, Father Resp.no.4. (All respondents appeared in persons) |
O R D E R BY SRI.RAVISHANKAR, JUDICIAL MEMBER This appeal is filed by the Appellant against the order dated 27.12.2011 passed in Ex.Pet.No49/2006 on the file of District Consumer Disputes Redressal Commission, Haveri. This appeal is filed against the impleading and issuance of arrest warrant against the President of the Shri. Mahalaxmi Co-operative Credit Society, Ranebennur and submits that this appellant is only an elected body who was elected for a time being and this appellant is not a party before the proceedings initiated by the respondent who alleges a deficiency in service for non-payment of the matured fixed deposit amount. Infact the society represented by its secretary who is liable to repay the fixed deposited amount as directed by the District Commission but, instead of initiating the execution proceedings against the secretary and society, the respondent had initiated proceedings against this appellant which is not appreciable as per Consumer Protection Act hence, prays to set aside the order passed by the District Commission and dismiss the Execution Proceedings against this appellant. 2. Heard from both side. 3. Perused the certified copy of the order and memorandum of appeal, here we noticed that the order passed in CC.No19/2006 is against the Society called Mahalaxmi Co-operative Society, Ranebennur, Represented by its Secretary. This appellant was not a party in the complaint when the order passed for refund of the maturity amount of the fixed deposits. This appellant cannot be held liable for any payment. This appellant is only a elected office-bearer for a time being along with other board of directors. The actual executive work was look after by the Secretary of the Society. Therefore, impleading this appellant in the Execution Petition is not proper and maintainable. The District Commission has failed to notice their own order which is passed by them itself in Complaint No. 19/2006 and allowed the application for impeding this appellant as a JDR for recovery of amount. The order passed by the District Commission is not in accordance with law. If at all the Decree Holder intendeds to recover the amount by filing the Execution Petition. The Societies represented by the Secretary is only responsible for payment and not against the Board of Directors including president. As such the order passed by the District Commission is requires to be set aside, Accordingly, O R D E R The Execution Petition against this appellant is hereby dismissed. Send a copy of this order to both parties as well as concerned District Consumer Commission. (Sunita .C. Bagewadi) (Ravishankar) Member Judicial Member ARD* | |
