1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 488, 490, 491, 492 AND 493 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 488, 490, 491, 492 AND 493 OF 2011 *** 1. Shri Thorat, Advocate for Petitioner points out that as per judgment of this Court dated 22nd December, 2010 in Writ Petition No.5223 of 2009 and other connected matters, District Consumer Forum cannot order action against person or property of a director/ managing committee member of a cooperative society. He contents that the issue is squarely covered by that judgment. He further points out that, that judgment has been followed by this Court in several matters including writ petition No. 11067 and 11971 of 2010 decided on 21st February, 2011. 2. This Court has on 24th January, 2011 issued notice to respondents and the respective respondents have chosen not to appear, though they are served. On 7th 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 488, 490, 491, 492 AND 493 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. March, 2011 this Court gave them one more chance to appear and contest. Inspite of that chance, there is no appearance even today. 3. Perusal of orders passed by the District Consumer Forum, Ahmednagar on 6th October, 2009 and Consumer Dispute No.293 of 2009 dated 21st November, 2008, in Consumer Dispute NO.411 of 2008, dated 21st November, 2008 in Consumer Dispute NO.410 of 2008, dated 24th July, 2008 in Dispute No.216 of 2008 and dated 24th July, 2008 in Consumer Dispute no.196 of 2008 reveal that joint and several action has been ordered against the society and present petitioners. Thereafter, the Consumer Forum has taken cognizance of applications under section 27 of Consumer Protection Act filed before it and has issued process for recovery against the individual petitioner. The proceedings are still 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 488, 490, 491, 492 AND 493 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. pending for recovery before that forum. 4. In this situation, in view of the stand taken by this Court in its judgment dated 22nd December, 2010 in Writ Petition No. 5223 of 2009, present writ petitions are partly allowed. The above mentioned orders of District Consumer Forum are modified only to the extent of permitting respective consumer to proceed against society for recovery of his/ her dues. Action against person or property of respective petitioner as per said directions is set aside. 5. Rule is made absolute accordingly. No costs. [B.P.DHARMADHIKARI, J.] Dated:22/03/2011. ans/488