Decided on February 08,2013

Marishya U. Mishra Appellant
Supreme Co -Operative Credit Society Ltd. Respondents


DHANRAJ KHAMATKAR,MEMBER - (1.)THESE are four appeals filed by the appellants against the order of District Forum, Mumbai Suburban dated 24.5.2012 passed in consumer complaint Nos. 440, 441, 442 and 443 of 2008.
(2.)THE facts leading to these appeals can be summarized as under:
The appellant in Appeal No.880/2012 Mr. Udayshankar B. Mishra is Ex -Chairman of respondent/The Supreme Co -operative Credit Society Ltd. During his tenure as a Chairman he has deposited following amounts in the names of his father Mr. Bansraj L. Mishra, who is appellant in Appeal No.879/2012, daughter Ms. Marishya U. Mishra, who is appellant in Appeal No.878/2012 and daughter Ms. Avantika Mishra, who is appellant in Appeal No.881/2012. The applications are made by Mr. Udayshankar Mishra himself. While depositing the amount he has not mentioned the age of the daughters Ms. Marishya and Ms. Avantika. However, account shown as minors account. In all there are four accounts. The fixed deposit number, date of deposit, maturity date and the amount to be paid is mentioned in the following manner:

Name of depositor Fixed Deposit No. Amount of deposit Date of deposit Date of maturity U.B. Mishra 37 16,000/ - 02/05/1996 01.05.1999 A.U. Mishra 35 and 26 12,200/ - 19.11.1996 19.11.2001 15,000/ - 10.11.1995 10.11.1998 M.U. Mishra 27 15,000/ - 10.11.1995 10.11.1998 B.L. Mishra 21 and 24 3,500/ - 21/05/1993 21.11.1998 21,500/ - 23/02/1995 23.05.2000

(3.)IT is the contention of the appellants that on maturity of fixed deposits they have not been paid the maturity amount by the respondents i.e. original opponents Credit Society. The appellants further stated that respondents/original opponents Credit Society contended that loan is outstanding against Mr. Udayshankar B. Mishra and hence, respondents/opponents -Credit Society had approached the Registrar, Co - operative Societies under Section 101 of the Maharashtra Co -operative Societies Act for recovery certificate by filing applications bearing Nos.108/2005, 112/2005 & 116/2005. However, District Deputy Registrar has not issued recovery certificate on the ground that the deposit of Mr. Udayshankar Mishra are with respondents/opponents Credit Society and they could recover the loan amount from the deposit receipts with the respondents/opponents -Credit Society. The order of the Deputy Registrar is dated 30.5.2006. As the respondents/opponents Credit Society failed to pay the amount of deposit on maturity, the complainants i.e. Udayshankar Mishra, Bansaraj Mishra, Marishya Mishra and Avantika Mishra had filed consumer complaint Nos.440, 443, 442 & 441/2008 respectively in the District Forum, Mumbai Suburban alleging deficiency in service on the part of original opponents/respondents Credit Society praying for directing the original opponents/ respondents Credit Society to pay the maturity amount alongwith interest.
Opponents/respondents Credit Society had contested the complaints by filing written version contending that the complainants in complaint Nos.441 to 443/2008 are relatives of Mr. Udayshankar Mishra, complainant in complaint No.440/2008 who is a former Chairman of the Credit Society and has done many illegal acts. They further contended that except fixed deposit receipts Nos.30, 31 & 38 owned by Mr. Udayshankar Mishra remaining fixed deposit receipts are not with the Credit Society. Opponents/respondents Credit Society contended that rest of the documents are in possession of Mr. Udayshankar Mishra who is Ex -Chairman of the Credit Society. They have filed a copy of loan statement of Mr. Udayshankar Mishra. Remaining deposit receipts are not with the Credit Society. They further claimed that an amount of Rs.1,00,000 has been taken as loan from the Credit Society without any sanction by the Credit Society itself. For the security of loan as per record of the Credit Society, there are only three fixed deposit receipts of Rs.25,000, Rs.25,000 and Rs.10,000. Therefore, original opponents/respondents -Credit Society prayed that there is no truth in the complaints and hence same be dismissed with compensatory cost.


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