Per Hon’ble Mr.P.N. Kashalkar, Presiding Judicial Member This is an appeal filed by Panchashil Nagari Sahakari Patsanstha against the judgement and award passed by District Consumer Forum Sangli in consumer complaint No.795/2008 decided on 29/01/2010. While allowing the complaint, Forum below directed the appellant/Credit Society to return the amounts kept in fixed deposit receipts by all the complainants as per receipts numbers mentioned in the operative order with interest @ 7% p.a. from the respective dates when deposits were kept and also directed to pay Rs.3,000/- as cost of the complaint. Aggrieved by this order, O.P.No.1 has filed this appeal. While hearing the appeal for admission, we are finding that it is the contention of the appellant/Credit Society that these deposits receipts were returned to the respondents by Ganapati Zillah Krushi Audogik Sarva Seva Sahakari Society Ltd., Sangli in which the appellant/Credit Society had opened the account. In that account, amount of Rs.2 Lakhs was in deposit and appellant/Credit Society had instructed the Ganapati Zillah Krushi Audogik Sarva Seva Sahakari Society Ltd. to return the amount in deposit to the complainants as those deposits receipts had reached maturity date. Accordingly, it is the contention of the appellant/Credit Society that said Ganapati Zillah Krushi Audogik Sarva Seva Sahakari Society Ltd. at the direction of the appellant/Credit Society had refunded whole of the amount to the respondent Nos.1to5 and respondents on the very same day re-invested the amount received in the Fixed Deposit of Ganapati Zillah Krushi Audogik Sarva Seva Sahakari Society Ltd. In the circumstances, it is the contention of the appellant/Credit Society that nothing was payable to the respondent Nos.1to5 in respect of deposit receipts respondents had taken from the appellant/Credit Society. However, the Forum below on the complaint lodged by the respondent Nos.1to5 ignored this vital aspect of the matter and passed the award thereby the appellant/Credit Society is required to give double amount in respect of said deposit receipts though the amounts have been returned to all the respondent Nos.1to5 by Ganapati Zillah Krushi Audogik Sarva Seva Sahakari Society Ltd. on behalf of appellant/Credit Society. We asked Advocate Mr.Mehta whether he can produce a letter which his Credit Society has addressed to Ganapati Zillah Krushi Audogik Sarva Seva Sahakari Society Ltd. requesting it to give amount back to the respondent Nos.1to5 and send the Fixed Deposit Receipts kept by them in the Panchashil Nagari Sahakari Patsanstha and whether Ganapati Zillah Krushi Audogik Sarva Seva Sahakari Society Ltd. in turn had informed the appellant/Credit Society that they had acting upon the directions of the appellant/Credit Society, accordingly refunded the amount to the respondent Nos.1to5 in valid discharge of deposit receipts of respondent Nos.1to5 kept in Panchashil Nagari Sahakari Patsanstha. Counsel Mr.Mehta for the appellant submitted that this fact will have to be proved by the appellant/Credit Society, but in the Forum below, Advocate appearing for the appellant was not diligent enough to produce relevant documents nor he took proper defence while filing written statement. Therefore, for the default of Advocate, appellant/Credit Society is facing the situation of refunding the Fixed Deposit Receipts amount to the respondent Nos.1to5 again though the amount already refunded by Ganapati Zillah Krushi Audogik Sarva Seva Sahakari Society Ltd. on the instructions given by the appellant/Credit Society. This requires proof by adducing evidence and also amendment of written statement by the appellant/Credit Society. For this purpose Mr.Mehta prays that this matter should be remanded back to the District Consumer Forum setting aside the award passed by the District Consumer Forum. He fairly conceded that this has to be done subject to certain costs. In the circumstances, we are inclined to pass the following order:- -: ORDER :- 1. Appeal is allowed. The impugned order is quashed and set aside. Complaint is remitted back to the District Consumer Forum Sangli for fresh disposal after permitting the appellant/Credit Society to amend the written statement and to file some extra documents and affidavits to prove its contention which appellant/Credit Society raised before us. 2. Appeal is allowed subject to costs of Rs.10,000/- payable to the respondent Nos.1to5 jointly. 3. Both parties are directed to appear in the District Consumer Forum Sangli on 30/08/2010. 4. Registrar of this Commission shall refund the amount deposited by the appellant at the time of filing of the appeal forthwith to the appellant. 5. On 30/08/2010 appellant/Credit Society shall pay cost of Rs.10,000/- to the respondent Nos.1to5 before the Forum below. 6. Copies of the order be furnished to the parties. | 
