Budh Singh Vs. Jan Vihar Cooperative Housing Society Ltd. and Another. - Court Judgment

SooperKanoon Citationsooperkanoon.com/1111562
CourtDelhi State Consumer Disputes Redressal Commission SCDRC New Delhi
Decided OnMar-23-2009
Case NumberAppeal No. FA-09 of 1956
JudgeJ.D. KAPOOR, PRESIDENT & THE HONOURABLE MS. JUSTICE RUMNITA MITTAL, MEMBER
AppellantBudh Singh
RespondentJan Vihar Cooperative Housing Society Ltd. and Another.
Excerpt:
consumer protection act, 1986 - section 2(1)(d) and section 3 - case referred: kalwati v. united thrift and credit society, petition no. 8336 of 2001. comparative citation: 2009 (4) cpj 237j.d. kapoor, president (oral): 1. vide order dated 11.12.2008 the complaint of the appellant was dismissed by district forum merely on the premise that the appellant himself was a member of the society therefore he cannot have any grievance against the society. 2. whether the member of any group housing society is a consumer of the society, this question has already been answered by national commission in case m/s. kalwati v. united thrift and credit society, petition no. 8336 of 2001 and also the supreme court and consumer law cases 1886 of 2005 wherein similar plea was taken and it was held that remedy under section 3 of consumer protection act is in addition to and not in derogation of any other law for the time being in force and therefore if any member has any grievance against the society he has right to file complaint under consumer protection act for compensation for mental agony, harassment and deficiency in service. 3. it is not the case that all the members say more than 100 or 1,000 participate in the decision making body of the cooperative society. under the law management committee is constituted for handling the affairs of the society. whenever there is any deficiency in the management of the affairs, every member has right to seek redressal of grievance as a consumer as maintenance and other services are provided against consideration. 4. the district forum dismissed the complaint merely on the premise that decision of the society is taken collectively by all the members and all the members are equally responsible as all the members had participated in the proceedings and also for action taken by the execution committee for the managing committee. if it is so how can a member be held responsible for defalcation of the accounts of the society if the said default is committed by the office-bearers for a particular office-bearer. if under the law, day-to-day affairs of the society are managed by managing committee, then the managing committee along with the society is liable for any deficiency qua all members. 5. foregoing reasons persuade us to allow the appeal and set aside the impugned and send back the case to district forum for deciding it afresh in view of above observations. 6. a copy of this order as per statutory requirements be forwarded to the parties free of charge and also to the concerned district forum and thereafter the file be consigned to record room. 7. copy be sent to presidents of all the district forums. appeal allowed.
Judgment:

J.D. Kapoor, President (Oral):

1. Vide order dated 11.12.2008 the complaint of the appellant was dismissed by District Forum merely on the premise that the appellant himself was a member of the Society therefore he cannot have any grievance against the Society.

2. Whether the member of any Group Housing Society is a consumer of the Society, this question has already been answered by National Commission in case M/s. Kalwati v. United Thrift and Credit Society, Petition No. 8336 of 2001 and also the Supreme Court and Consumer Law Cases 1886 of 2005 wherein similar plea was taken and it was held that remedy under Section 3 of Consumer Protection Act is in addition to and not in derogation of any other law for the time being in force and therefore if any member has any grievance against the society he has right to file complaint under Consumer Protection Act for compensation for mental agony, harassment and deficiency in service.

3. It is not the case that all the members say more than 100 or 1,000 participate in the decision making body of the Cooperative Society. Under the law management committee is constituted for handling the affairs of the society. Whenever there is any deficiency in the management of the affairs, every member has right to seek redressal of grievance as a consumer as maintenance and other services are provided against consideration.

4. The District Forum dismissed the complaint merely on the premise that decision of the society is taken collectively by all the members and all the members are equally responsible as all the members had participated in the proceedings and also for action taken by the execution committee for the managing committee. If it is so how can a member be held responsible for defalcation of the accounts of the Society if the said default is committed by the office-bearers for a particular office-bearer. If under the law, day-to-day affairs of the Society are managed by Managing Committee, then the Managing Committee along with the Society is liable for any deficiency qua all members.

5. Foregoing reasons persuade us to allow the appeal and set aside the impugned and send back the case to District Forum for deciding it afresh in view of above observations.

6. A copy of this order as per statutory requirements be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to Record Room.

7. Copy be sent to Presidents of all the District Forums.

Appeal allowed.