SAHYADRI NAGARI PATSANSTHA LTD Vs. PRABHAVATI BALWANT ACHARI
LAWS(MHCDRC)-2013-12-1
MAHARASHTRA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on December 18,2013

Sahyadri Nagari Patsanstha Ltd Appellant
VERSUS
Prabhavati Balwant Achari Respondents

JUDGEMENT

R.C.CHAVAN, J. - (1.)THIS appeal by a cooperative society is directed against an order dated 20/06/2012 passed by the District Consumer Disputes Redressal Forum, Pune partly allowing Consumer Complaint No.23 of 2012 and directing the Appellant Society to pay to the Respondent/original Complainant an amount of Rs. 40,000/ - together with interest thereon @ 9% p.a. as from 07/09/2003 besides costs quantified at Rs. 1,000/ -.
(2.)RESPONDENT /Complainant stated in the complaint that she had deposited with Samata Nagari Sahakari Patpedhi Maryadit, an amount of Rs. 10,000/ - on 07/05/1999 and on 06/01/2009 she deposited a further sum of Rs. 10,000/ - in the name of minor Rutika. These amounts were to be repaid by the Society after a period of 57 months together with equal sum viz. Society was to pay double the amounts. This Society which had accepted the deposit was ultimately taken over by the Appellant Society. The Respondent/Complainant was a member of earlier society and she is also a member of the Appellant Society. The Respondent/Complainant also claimed to have deposited an amount of Rs. 1,000/ - on 06/02/2001. The complaint does not recite anything about deposit of an amount of Rs. 28,000/ - by the Respondent/Complainant, a receipt whereof was sought to be shown to us by the Learned Advocate for the Respondent. In the complaint as filed, the Respondent/Complainant has admitted having received from the Appellant Society an amount of Rs. 36,000/ -. The Respondent/Complainant claimed that total amount due from the Appellant Society was of Rs. 93,110/ - and, therefore, claimed refund of balance amount together with interest.
(3.)IN pursuance of notice issued by the District Forum, the Appellant Society did appear before the District Forum but did not file its written version and, therefore, the District Forum decided the complaint ex -parte and ordered the Appellant Society to pay to the Respondent/original Complainant an amount of Rs. 40,000/ - together with interest thereon @ 9% p.a. as from 07/09/2003 besides costs quantified at Rs. 1,000/ -. Aggrieved thereby the Appellant Society is before us.
We have heard Adv. Rahul Gandhi on behalf of the Appellant Society and Adv. Amit P. Chaukade on behalf of the Respondent. We have also perused the record.

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