FIRST APPEAL NO.1632 OF 1999 Date of filing: 24/01/2008

IN CONSUMER COMPLAINT NO.173/1997

DISTRICT CONSUMER FORUM : THANE Date of order : 14/12/2009



The Deputy General Manager

Maharashtra State Co-operative Bank Ltd.

Sion branch, Mumbai ……Appellant/org.O.P.no.3

V/s.

Shri Kesharinath B.Vaidya

16, Nalanda

Ram Maruti Road, Naupada

Thane 400 602 …Respondent/org.complainant

Quorum: Justice Mr.S.B.Mhase, Hon’ble President

Mr.S.R.Khanzode, Hon’ble Judicial Member

Present: None present for the parties

: ORAL ORDER:

Per Justice Mr.S.B.Mhase, Hon’ble President



None present for the parties. This appeal is of 1999 arising from the consumer complaint no.173/1997 decided by District Consumer Forum, Thane on 03/07/1999. Appeal has been filed by the original opponent no.3 namely Deputy General Manager, Maharashtra State Co-operative Bank Ltd., Sion branch, Mumbai. Respondent no.1 is an original complainant. Original opponent nos.1 & 2 have not been joined as party respondents to the present appeal. By the order dated 03/07/1999 passed by said District Consumer Forum, Thane complaint was dismissed as against original O.P.nos.1&2 and while it was allowed as against original opponent no.3 namely appellant herein and the appellant was directed to pay an amount of Rs.18,440/- by way of damages and Rs.1000/- by way of cost. Said amount was to be paid within a period of three months from the date of receipt of order.

The facts are not in dispute. Complainant had invested with the original O.P.no.1- Unit Trust of India in the name of his wife late Mrs.Pramila K.Vaidya Rs.1,00,700/- vide GMIS -1991 Certificate No.9121077173 and Rs.1,00,000/- vide Certificate no.9121077629 and another Rs.1,00,000/- vide Certificate no.9121077628. Thus the amount of Rs.3,00,700/- was deposited with UTI through original opponent no.2 under the said scheme. The complainant partially opted for renewal with instructions to reinvest Rs.40,000/- from each certificate and pay the balance amounts. Respondent/org. complainant received MIP 1996 (IV) in lieu of Rs.40,000/- each. However, complainant/respondent no.1 was to receive balance amounts of Rs.64,425/- Rs.63,700/- and Rs.63,700/-, thus, totaling an amount of Rs.1,91,825/-. Since the amount was not received, complainant made an enquiry. It was found that the cheques to that amount have been disbursed which is to be encashed with the present appellant. Since the cheques were not received, on enquiry it is found that the cheques have been encashed by fictitious persons with the appellant. Though appellants were served, appellants remained absent. However, the complainant has stated that on 02/12/1998 he has received an amount of Rs.1,92,825.90 along with letter dated 06/02/1998 and, thus, he has received the amount after period of delay of 14 months. Thus, it is revealed that the cheque issued by original O.P.nos.1, 2 & 3 were encashed and the appellant has also paid the said amount. What is to be noted that the District Consumer Forum has fixed the liability of Rs.18,440/- on the appellant and charged interest @ 24% p.a. or 50% and thus amount of the interest arrived at is Rs.18,440/- as against the interest due. What we find is that such an approach is not a correct approach. Complaint has been decided on 03/07/1999. Pending the complaint vide letter dated 06/02/1998 an amount of Rs.1,92,825.90 has been paid by the appellant and, therefore, to charge interest amounting to Rs.18,440/- is not just and proper. It is not a case whether respondent appellant has not accepted liability. On the contrary, amount has been paid and accepted by the complainant without any demur. Hence the following order:-



ORDER

1. Appeal is partly allowed.

2. Order dated 03/07/1999 directing to pay an amount of Rs.18,440/- is hereby quashed and set aside.

3. Order of cost of Rs.1000/- is maintained.

4. Appeal stands disposed of accordingly.

5. Copies of the order be furnished to the parties.