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Thread: Silver Park A Co-operative Housing Society Limited

  1. #1
    Join Date
    Sep 2008

    Default Silver Park A Co-operative Housing Society Limited



    FIRST APPEAL NO.1096/2008 Date of Filing:-07/08/2008

    @ M.A.No.1539/2008

    IN CONSUMER COMPLAINT NO.449/2007 Date of Order:-02/04/2009


    Silver Park A Co-operative Housing Society Limited,

    through Shri Uday Kothavale,


    having office at Mira Bhayander Road,

    Mira Road (East)

    District Thane-401 104 ... Appellant (Org.O.P.No.1 )


    Mrs.Surekha Yashwant Gaikwad,

    R/o A/1, 202 & 202,

    Silver Park A Co-operative Housing Society Limited,

    Mira Road (East),

    District Thane-401 107 ... Respondent(Org.Complainant)

    Corum :- Mr.P.N.Kashalkar,Honble Presiding Judicial Member,

    Smt.S.P.Lale,Honble Member.

    Present :- Mr.P.W.Adarkar, Adv. for the Appellant.

    Mr.Rizvi, Adv. for the Respondent.

    O R A L O R D E R

    Per Mr.P.N.Kashalkar,Honble Presiding Judicial Member

    1) Being aggrieved by the judgment and award passed by the District Consumer Forum, Thane in Consumer Complaint No.449/2007 decided on 23/1/2007, the original O.P.No.1 has filed this appeal challenging the award passed by the Forum below in favour of the complainant.

    2) Facts to the extent material may be stated as under:-

    3) Complainant Mrs.Surekha Y.Gaikwad, R/o Silver Park A Co-operative Housing Society Limited of Mira Road (East), District Thane filed consumer complaint since the complainant had some grievance against the said society. According to the complainant, enquiry was conducted by the inquiry officer Shri S.L.Tandlekar at the direction of Mr.V.D.Gawade, the then Deputy Registrar, Co-operative Societies of Shivaji Road, Thane. The complainant pleaded that she is a member of registered society of O.P.No.1 and since she is paying monthly society bills, she is a consumer U/s 2(1)(d) of Consumer Protection Act, 1986. The O.P. No.2 was appointed as inquiry officer by O.P.No.3 Deputy Registrar, Co-operative Societies, Thane. The complainant pleaded that she had grievance only against Silver Park A Co-operative Housing Society and O.P.No.2 and 3 has been impleaded as formal parties. According to the complainant, some legal obligations were expected to be completed by O.P.No.1 vide clauses (A) to (F) as mentioned in para 6 of the complaint. According to the complainant, managing committee of O.P.No.1 society indulge in the activity in gross violation of Maharashtra Co-operative Society Act, 1960. She also pleaded that O.P.No.1 society and its managing committee members committed financial irregularities to the tune of Rs.66 Lakhs. When this matter was brought to the notice of O.P.No.3, the O.P.No.2 was appointed to hold enquiry U/s 88 of Maharashtra Co-operative Society Act, 1960. The complainant had asked for certain documents from O.P.No.1 society by sending eight letters between the period 2/12/2006 to 1/7/2007. The O.P.No.1 neglected or failed to provide the documents and information sought by the complainant. Hence, she claimed that she had suffered and sustained damage on account of mental agony and financial torture at the hands of managing committee of O.P.No.1 for which she was claiming Rs.1,20,000/- as compensation from O.P.No.1. She also claimed Rs.80,000/- towards the sums of money lost by her on account of financial irregularities. She also claimed directions to O.P.No.1 to arrange for complete investigation of the financial irregularities and to provide to her copies of documents and information asked by her. She also claimed Rs.18 Lakhs for defamation caused on account of negligence and deficiency in service.

    4) O.Ps No.1 to 3 were duly served with the notices sent by the District Forum, Thane. O.P.No.1 did not accept packet of notices. All of them did not filed written statement to contest the matter. Thus, relying on affidavits and documents placed before it, the Forum below partly allowed the complaint and awarded Rs.10,000/- as compensation and directed O.P.No.2 to complete enquiry expeditiously and directed O.P.No.1to give full co-operation to the inquiry officer and also provide documents and information asked by the complainant. However, the Forum below did not pass order in respect of claim of Rs.80,000/- and claim of Rs.18 Lakhs made by the complainant. Aggrieved by this order, the O.P.No.1/Silver Park A Co-operative Housing Society Limited of Mira Road (East), Thane has filed this appeal.

    5) We heard submissions of Mr.P.W.Adarkar, Adv. for the appellant society and Mrs.Rizvi, Adv. for the respondent.

    6) We are finding that the Forum below decided the complaint ex parte and therefore it was pleased to allow the complaint relying on the affidavit filed by the complainant. The society/appellant herein is claiming that it had never received summons to the appellant society nor ex parte order was sent to the appellant society. As such, the society has filed this appeal for getting quashed the ex parte order passed by the Forum below.

    7) There is a delay of 357 days in filing appeal. As per affidavit filed on behalf of society by the Secretary, we are satisfied that there are enough grounds to condone the delay. We want appellant society to be heard in the Forum below before any order is passed against the society. The matter like this between respondent and appellant society must be decided on merits and for this reason we are inclined to condone the delay. M.A.No.1539/2008 which is for condonation of delay stands allowed.

    8) On merit, we are finding that the order passed by the Forum below is very cryptic and the Forum below passed this order simply because appellant and other two O.Ps were absent and were proceeded ex parte by the Forum below. For deciding the complaint on merit, we are inclined to allow this appeal subject to certain costs to give second inning to the appellant society to contest the matter. We are also of the view that the Forum below exceeded its jurisdiction in issuing directions to O.P.No.2 Inquiry Officer and O.P.No.3 Deputy Registrar, Co-operative Societies, Thane which was beyond the scope of the power vested in the District Forum under Consumer Protection Act, 1986. It is for this reason too, we are inclined to allow this appeal by quashing the judgment and award passed by the Forum below. Hence, the following order.

    O R D E R

    1) M.A.No.1539/2008 which is for conodonation of delay stands allowed. Delay is condoned.

    2) Appeal is allowed.

    3) Impugned judgment and award passed by the Forum below is hereby quashed and set aside on payment of Rs.10,000/- by the appellant herein to the respondent.

    4) Consumer Complaint No.449/2007 is remitted back to the District Forum, Thane who shall permit appellant society to file written statement/affidavits and documents and then to dispose off the complaint on merits preferably within three months from the date of receipt of this order. of the Commission.

    5) The Forum shall issue notices to the parties concerned after the record and proceedings is received by it.

    ( Smt.S.P.Lale ) (P.N.Kashalkar )

    Member Presiding Judicial Member

  2. #2
    Unregistered Guest

    Default Call for nominations of a registered professional body declining the right to contest

    Dear Expert,

    I am part of a professional body which is registaered as per the Maharashtra cooperative societies. I have been the member of this group since 2007 and served the group to an influential way and came out due to some reasons. After a gap of 2 years I wanted to contest for the elections but the election committee is setting up certain criteia for the nominations by not allowing all members who have not attended any of the activities of their ccm as well as not contributed to the group in immeidate past 1 year. I am questioning this as they were not approved by the AGM and Registrar of the Societies act. Kindly suggest the best way to tackle this issue.

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