ASSISTANT REGISTRAR, FIRMS, SOCIETIES AND CHITS, U.P. vs JAI BAHADUR MISRA

THIS is an appeal against the judgment and order passed by District Consumer Forum, Jalaun at Orai, in Complaint Case No. 34 of 1996 on 25.6.1998.

FACTS of the case, stated in brief, are as under : The complainant filed a complaint against the opposite party for damages on the grounds that certified copy has not been issued by it on demand by the complainant. According to the complainant, he applied on 20.10.1994 for issue of certified copy of the list of members of Baldhar Karyakarini Parishad, Orai, under Section 19, Rule 11 of the Socieities Registration Act. He deposited a sum of Rs. 10/- as its fee.

According to the complainant the certified copy of the list of members was not furnished to him. Therefore, the opposite party is liable to pay compensation because of deficiency in service on their part.

ACCORDING to the opposite party Asstt. Registrar, Firms, Societies and Chits, U.P., the list which was demanded by the complainant in the year 1994-95, could not be supplied as the Parishad was not operative in that particular year. The deposit of Rs. 10/- was admitted by the opposite party. Learned District Consumer Forum after considering the facts of the case, directed the opposite party Assistant Registrar, Firms, Societies and Chits, U.P., to issue the certified copy of the list of office bearers of the Parishad.

AGGRIEVED against the order passed by the learned District Forum, Jalaun at Orai, the opposite party has come up in the appeal challenging the correctness of the order of the concerned Forum. We have heard the learned Counsel for the appellant and the complainant who was present in person. According to the learned Counsel for the appellant the list of office bearers of the Parishad, as demanded by the complainant for the year 1994-95, could not be supplied to him as the Parishad was not operative. The complainant has not given any evidence to show that the said Parishad was operative in the year 1994-95. When the said Parishad was not operative, it was not possible for the Registrar, Firms, Societies and Chits, U.P., Jhansi, to have issued the certified copy of the list of office bearers as demanded by the complainant. A note of affidavit sworn by one Mr. Munna Lal, who is Assistant Registrar, Firms, Societies and Chits, U.P., Jhansi, is on record. It is alleged that in the affidavit that in the year 1994-95, the said Parishad was not registered hence the list of office bearers of the Parishad could not be supplied to the complainant. There is no reason to disbelieve the affidavit filed by the Assistant Registrar, Firms, Societies and Chits, U.P., Jhansi.

THUS we find that the Registrar, Firms, Societies, and Chits, U.P., Jhansi, was justified in not issuing the certified copy of the office bearers of the Baldhar Karyakarini Parishad, Orai.

THE appeal is, therefore, liable to be allowed. ORDER The appeal is allowed and the judgment and order of the District Consumer Forum, Jalaun at Orai are set aside. There will be no orders as to the cost.

Let copies of the order be issued as per rules. Appeal allowed.