Per Mrs.S.P. Lale, Hon’ble Member

          This appeal is filed by org. complainants against the dismissal order dated 23/02/2010 passed by District Consumer Disputes Redressal Forum, Satara (hereinafter referred to as ‘District Consumer Forum’ for brevity) in consumer complaint No.485/2009.

          According to the complainants, they had kept certain amount in the Fixed Deposit with Opponent No.1/Shrimant Malojiraje Sahakari Bank Ltd. in “Dam Duppat Yojana”.  According to the complainants on maturity date, opponent Nos.1to4 failed to pay the maturity amount to the complainants.  Therefore, complainants filed consumer complaint before the District Consumer Forum for deficiency in service.  Opponents filed their written version and contested the claim of the complainants.  They pleaded that complainant No.1 is Ex-employee of opponent No.1/Bank and he had obtained two types of loan from the opponent/Bank and he is defaulter in repaying the loan amount.  Therefore, opponent No.1 has filed a case before the Co-operative Court and obtained a Recovery Certificate under Section 101 of the Maharashtra Co-operative Societies Act and finally, opponents prayed for dismissal of complaint.

          After perusing documents and affidavits placed before it and after hearing both the parties, Learned District Consumer Forum dismissed the complaint.

          We heard Mr.Anand Bokefode, Proxy Advocate for Mr.Vinod Jadhav, Advocate for the appellants and Mr.U.B. Wavikar, Advocate for the respondents.

          It is an admitted fact that the complainants had kept certain amount in the Fixed Deposit with opponent No.1/Bank and on maturity, the opponents failed to pay the maturity amount to the complainants.  Opponents had contended that complainant No.1 had obtained two types of loan from the opponent No.1/Bank and he had kept the loan amount in arrears and failed to repay the loan amount to the opponents.  Therefore, opponents had obtained a Recovery Certificate under Section 101 of the Maharashtra Co-op. Societies Act.  Complainant No.2 also had obtained loan from the opponent No.1/Bank and in that loan, complainant No.1 stood as guarantor.  Loan taken by the complainant No.2 is also in arrears and the Bank had kept lien on those Fixed Deposits.  Under these circumstances, Learned District Consumer Forum rightly dismissed the complaint and we are finding no substance in the appeal.  The appeal filed by the org. complainants is devoid of any merit.  Hence, we pass the following order :-

                   -: ORDER :-

1.       Appeal stands dismissed.

2.       Parties are left to bear their own costs.

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