Revision Petition No.125 of 2007,M.A.No.1707 of 2007,Execution Appln. Nos.223 of 2007,Execution Appln. Nos.227 of 2007

22nd January, 2008

Petitioner Counsel: Mr. R. R. WAIGANKAR
Respondent Counsel: Mr. SANGRAM YADAV,Mr. B. S. PATIL,Mr. A. V. PATWARDHAN

JUDGMENT

-Mr. P. N. KASHALKAR, Hon'ble Presiding Judicial Member :- The original opposite party No.18, the Administrator of Basaweshwar Co-operative Credit Society, Kolhapur has filed this revision petition against the order passed by District Forum, Kolhapur in Execution Petition No.223/2007 to 227/2007, dated 5-2-2007, whereby Kolhapur District Central Co-operative Bank, State Bank of Mysore, Shahupuri, Kolhapur, I.D.B.I. Bank, Branch Halkarni, Gadhingluj and Veershaiv Bank Branch Gadhingluj have been asked to deposit whatever amounts of O.P.No.18 are lying with them in the savings bank accounts of O.P.No.18. By this revision, the said order has been challenged by the Administrator, the original O.P.No.18.

2. Facts on lie in narrow compass. Certain persons had deposited some amounts with Basaweshwar Co-operative Society of Kolhapur. As usual, the Society did not repay deposited amounts with interest accrued thereon and hence consumer complaints came to be filed by five complainants. Those complaints were allowed and Basaweshwar Society was directed to refund the amounts to the complainants. They did not honour the order passed by the District Forum so complainants filed execution application No.223/2007 to 227/2007. It was told to the District Forum that some amount was lying with various banks belonging to the Basaweshwar Co-operative Credit Society. A list was furnished to that effect. Notices were issued to those four banks and thereafter learned District Forum passed order as aforesaid by its impugned order dated 28-9-2007. It is this order which has been challenged by the Administrator.

3. We heard Mr. R. R. Waigankar, Adv. for the revision petitioner, Mr. Sangram Yadav @ Mr. B. S. Patil and Mr. A. V. Patwardhan, Adv. for various respondents.

4. We are finding that order passed by the Forum below is patently erroneous and bad-in-law. The banks in question are not judgment debtors before the Forum. Judgment debtors are Administrator and Directors of the said Society. The Credit Society is having some bank accounts in the four banks and some bank balances are available in those accounts. The banks can not be directed by the District Forum to transmit the entire amount to the District Forum from the savings bank account of Basaweshwar Co-operative Credit Society. This is a sort of passing garnishee order under Order 21, Rule 46, 46(A) & (B) of Civil Procedure Code. This provision is not made applicable to the proceedings taken out under Consumer Protection Act. The Forum below had no jurisdiction to pass garnishee order as it had done in the instant case. At the most the Forum below should have directed revision petitioner/Administrator of the Credit Society to withdraw the amount and to deposit it with the Forum. But instead of doing so, the Forum below exceeded its jurisdiction and exercised the powers not vested in it. Those are the powers exercisable by Civil Court in execution proceedings taken out under order 21 of C.P.C. Those powers are not available to the District Forum. We further make it clear that District Forums are having some powers under C.P.C. only to the extent as is provided U/s.13 sub-sections 4, 5, 6 & 7 and no other provision of C.P.C. can be invoked by the District Forum while deciding main complaint or execution proceedings arising out of the awards passed by the District Forum. The said order is per se bad-in-law and must be quashed. Hence the following order.

ORDER

1) Revision petition is allowed.

2) The order passed by the Learned District Forum in Execution Application Nos.223/2007 to 227/2007 is hereby quashed and set aside.

3) M.A. No.1707/2007 which is for stay stands disposed off.

4) Declared in open Court.

5) Parties to bear their own costs.

6) Copies of this order be sent to the parties free of cost.

Revision Petition allowed.