Decided on July 09,2020

New Nagpur Mahila Gramin Vikas Credit Co-Operative Society Ltd Appellant
Suman Balaji Thakre Respondents


S M Kantikar,J. - (1.) The present Revision Petition has been filed by the New Nagpur Mahila Gramin Vikas Credit Co-operative Society ( Petitioner-1/ OP- 1 herein after referred to as "Society") and the manager of Society (Petitioner-2/ OP-2) being aggrieved by the order passed by the State Consumer Disputes Redressal Commission, Maharashtra, Circuit Bench, Nagpur (hereinafter referred to as "State Commission") which had decided the First Appeal No. 13/2014 in favor of the complainant Suman Balaji Thakre (hereinafter referred to as "Respondent/Complainant), who was original complainant before the Additional Consumer Disputes Redressal Forum, Nagpur (hereinafter referred to as "District Forum").
(2.) Brief facts that, the Complainant/Respondent Suman B. Thakre deposited Rs.1,00,000/- for a period of one year from 27.12.2005 to 27.12.2006 with OP-1 Society. It was to be repaid with interest at the rate of 12% per annum. However, the Manager of the society, Deorao Shyamrao Gharjale (OP-2) did not repay the amount with interest. The OPs did not pay heed to the legal notice from the complainant, therefore the complainant filed a Consumer Complaint in the District Forum against the OPs and prayed to repay Rs. 1,00,000/- with interest at the rate of 12% per annum from 27.12.2005 and also to pay her compensation of Rs.1,00,000/- with cost of the complaint.
(3.) The OPs resisted the Complaint by filing their common written version. The preliminary objection was that the Complaint was barred by limitation. The OPs admitted the deposit and it was to be repaid with interest at the rate of 12% per annum. It was further submitted that the complainant lost her original fixed deposit receipt (FDR) and on her application dated 28.10.2006, the society issued a duplicate FDR. The complainant surrendered the said duplicate receipt and the society refunded Rs. 1,00,000/- after adjusting her loan of Rs.78,800/- taken from the Society and paid the interest and balance amount in cash to her. Hence prayed for the dismissal of the complaint on this ground.;

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