Per Mr.Justice S.B.Mhase, Hon’ble President This appeal takes an exception to the order dated 29/7/2010 passed by District Consumer Disputes Redressal Forum, Nasik in consumer complaint no. 329/2009. Complaint of the appellant has been rejected by the District Consumer Disputes Redressal Forum, hence the appeal. Complainant has deposited the amount of Rs.70,000/- @ 11% p.a. interest and the said fixed deposit has matured on 05/2/2009. Since it was not paid, the consumer complaint has been filed. Defence of the opponent is that respondent/complainant is a Founder Chairman of the respondent society and during this period he has committed a fraud of Rs.5,71,000/- and dispute being no.1085/2009 is pending before the Co-operative Court. Since the said amount is recoverable by way of lien, this deposit was not honoured. Therefore, accepting said defence District Consumer Disputes Redressal Forum has rejected the complaint. What we find that in view of dispute between the parties and the alleged fraud of Rs.5,71,000/-, respondent society is having a lien as against the said fixed deposit. Therefore, only if the proceeding before the Co-operative court is dismissed, the amount can be recovered. Withholding amount for such reason is justifiable in the facts and circumstances of the case. No interference is called for. Hence the order:- ORDER Appeal stands dismissed. Copies of the order be furnished to the parties. | 
