Decided on October 21,2008

Muralimanohar Nagarisahakari Patsanstha Maryadit Appellant
Gajanan Bhagwan Sura Respondents


- (1.) AGGRIEVED by the judgment and award passed by District Consumer Forum, Ratnagiri in consumer complaint No. 12/2008 decided on 20.5.2008, whereby while allowing complaint, O.P. Credit Society has been directed to return F.D. amount of Rs. 2 lakh with interest @ 9% p.a. from 9.8.2006 till realization of the entire amount and also directed to pay sum of Rs. 3000 towards mental agony and cost, the original O.P. Credit Society has filed this appeal.
(2.) FACTS to the extent material may be stated as under: Complainant Mr. Gajanan Sura resident of Khed, District Ratnagiri had deposited Rs. 2 lakh in 12 F.D. receipts on 9.8.2006. It was to carry interest @ 9% p.a. F.Ds. were to mature on 6.2.2007. On that date, complainantapproached Shri Murali Manohar Nagari Sahakari Patsanstha Maryadit, Khed and demanded his amount back with interest. However, the officials of the Credit Society told him that cash section was closed and he would get the amount of F.D. with interest on following day. His signatures were taken on all the F.Ds. and he was asked to come on next day. On next day, when he approached the officials of Credit Society, O.P. Society denied to make payment. On 20.11.2007, complainant made written application to the Credit Society demanding F.D. amount with interest, but he was told that his son was advanced loan withoutany security and, therefore, F.Ds of the complainant.were kept as security for the loan advanced to him. The complainant therefore filed consumer complaint and prayed for refund of Rs. 2 lakh amount covering 12 F.Ds. with interest @ 9% p.a. and also claimed Rs. 1 lakh towards mental agony as special damages, Rs. 25,000 towards mental agony and Rs. 10,000 towards cost.
(3.) O .P. filed written statement and admitted that complainant had deposited Rs. 1 lakh in 12 F.D. receipts with the Credit Society. However, according to O.P his son Mr. Sachin Gajanan Sura was given CC loan of one year duration. His son had not refunded the said loan, so he was defaulter. When Society found that they could no recover loan from Sachin Sura, they proceeded against the complainant and his son in Co -operative Court by filing consumer dispute bearing No. 192/2008. It was pending in the said Court. According to OP Society, complainant is personally responsible for the repayment of loan given to his son Sachin. The Society in its meeting decided to transfer all the deposit receipts of the complainant to the default loan account of his son and by letter dated 13.12.2007, the complainant was informed about the same. O.P. therefore prayed that complaint should be dismissed with cost. On the basis of affidavits and documents placed on record, learned District Consumer Forum held that O.P. Society was guilty of deficiency in service in not returning the F.D.amount aggregating Rs. 2 lakh. Forum below also held that Credit Society could not retain original F.Ds. of the complainant by way of security for the loan advanced to his son Sachin. Therefore Forumbelow allowed the complaint and directed Credit Society to repay the F.D. amount of Rs. 2 lakh with interest @ 9% p.a. As such, O.P. has filed this appeal.;

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