DATTATRAY SHANKARRAO DESAI Vs. SHARABI M PATHAN, IBRAHIM M PATHAN, BIKISBANU I PATHAN , MADINA A NAIKWADI, IMRAN I PATHAN, NOORJAHAN U LAGIWALE

JUDGEMENT

(1.) THIS appeal takes an exception to an order dated 24.11.2009 passed by the District Consumer Disputes Redressal Forum, Kolhapur. in Consumer complaint No.464/2009.

(2.) RESPONDENT Nos. l(a),(b),(c),(d),(e) and (f) had deposited, under Damduppat Scheme of the Bhudargad Nagari Sahakari, Pat Sanstha, Gargoti, District Kolhapur. The Opponents had not returned the deposits alongwith interest after the maturity of the deposits and hence, the Respondent/original Complainants had filed a consumer complaint for returning the deposits alongwith interest. As the Opponents were deficient in service, the District Forum after going through the complaint, written version filed by the Opponents passed the order allowing the complaint holding the Opponents 1 to 19 deficient in their service and directed that they should pay the amount alongwith interest jointly and severally, and also directed to pay Rs. 1,000 for the mental agony and Rs. 1,000/ - as costs to the original Complainant. Being aggrieved by this order the Opponents have filed this appeal.

(3.) WE heard Mr. R.R. Wayangankar, Advocate for the Appellants and Mr. G.B. Pawar, Advocate for the Respondent Nos. 1 (a) to 1(f). The Appellants have challenged this order on the ground that the Society is under liquidation and without taking permission of the Registrar, Co -operative Societies, the complaint is void. As per the provisions of Section 107 of the Maharashtra State Co -operative Societies Act, when the Co -operative Society is under liquidation and the Liquidator is appointed, the permission of the Registrar, Co -operative Societies is required. The Ld. Counsel for the Respondents had tried to argue that while filing the complaint, he has impleaded the erstwhile Society as the Opponents through the Liquidator. He tried to contend that the permission of the Registrar, Co -operative Societies, for filing the matter against the Society can be obtained during the trial of this appeal. However, whenever the Society is under liquidation obtaining the permission from the Registrar, Co -operative Societies is must as per the provisions of the Maharashtra State Co -operative Societies Act and in the instant case while filing the complaint before the District Forum, the permission of the Registrar, Co -operative Societies has not been obtained. In the circumstances, the complaint itself is not maintainable. This complaint is filed by the consumers and in the interest of justice, we set aside the order passed by the District Forum and remand the complaint back to the District Forum with a liberty to the Respondent Nos. 1(a) to 1(f) to approach Registrar, Co -operative Societies to obtain the necessary permission under section 107 of the Maharashtra State Co -operative Societies Act. The District Forum after the remand of the complaint shall give an opportunity to both the parties to lead their evidence and decide the matter on merit. We hold accordingly and pass, the following order: