Per Shri P.N. Kashalkar, Hon’ble Presiding Judicial Member This is an appeal filed by the appellants/Shri Mahesh Dabhole & 4 Ors. against whom the award has been passed by the District Consumer Disputes Redressal Forum, Sangli in consumer complaint No.292/2007 on 22/08/2007. By allowing the complaint against Shri Mahesh Dabole and 5 others, Forum below has directed all the Directors of the Sangli Sai Nagari Sahakari Patsanstha to return the fixed deposit amounts to the complainant as mentioned in the operative part of the order by paying interest @ 9.5% till 19/07/2006 and @ 6% p.a. from 20/07/2006 till actual payment. Aggrieved by this order Mr.Mahesh Dabhole & 4 Ors. have filed this appeal. The facts to the extent material may be stated as under :- The complainant Ramchandra T. Salunkje is a senior citizen. He had kept amount of Rs.17,000/- vide deposit receiptNo.506 and amount of Rs.10,000/- vide deposit receipt No.507 on 19/07/2005 in the Sangli Sai Nagari Sahakari Patsanstaha, Sangli for the period of one year. The deposit amount was to carry interest @ 9.5% p.a. On maturity he was not given deposited amount along with interest. Therefore, he filed consumer complaint claiming said deposit with interest and also demand Rs.2,000/- as cost of the proceeding. O.Ps. though served with notices, remained absent. Therefore, they were proceeded ex-parte and on the basis of affidavit filed by the complainant, award came to be passed as mentioned in the opening para of this order. Aggrieved by the said award, org. O.P.No.2/Mr.Mahesh Dabhole and 4 others have filed this appeal. We heard Mr.N.B. Kolekar, Advocate for the appellants and respondent in person. We are finding that the appellants are residing at Madhav Nagar Road, Opposite Sakhar Karkhana whereas summons were served on Tarun Bharat Stadium, Gala No.1 at Sangli. According to the appellants they are not Directors of Sangli Sai Nagari Sahakari Patshanstha, they are in fact Directors of Lord Sai Nagari Sahakari Patsanstha, Sangli. Since, they were not served with summons at the residential address, Forum below based upon the postal remarks “Not claimed” proceeded ex-parte and passed the award against them. It is however, contention of the appellants that they were not duly served with the notice sent by the District Consumer Disputes Redressal Forum and therefore, award passed by the Forum below is bad in law and should be quashed and complaint should be remanded back to the District Consumer Disputes Redressal Forum, so that they can appear and contest the matter. We are finding much substance in the submission of Advocate Mr.Kolekar in this behalf. All the summons were issued to the opponents/appellants herein at the address of Sangli Sai Nagari Sahakari Patsanstha, Sangli and it is the case of the appellants that they are not occupying Gala No.1 at Tarun Bharat Stadium at Sangli. So, reasonable doubt is created whether appellants were duly served with the notice of the District Consumer Disputes Redressal Forum and on this ground alone appeal will have to be allowed to remand the matter back to the District Consumer Disputes Redressal Forum, Sangli. Hence, we pass the following order :- -: ORDER :- 1. Appeal is allowed. The impugned order is quashed and set aside. 2. Complaint No.292/2007 is remanded back to the District Consumer Disputes Redressal Forum with a direction to permit appellants to file written statement and other documents and then to decide the complaint within two months from the date of receipt of the order of this Commission. 3. Both parties are directed to appear in the Forum below on 20/09/2010. 4. On the first day of appearance in the District Consumer Disputes Redressal Forum, Sangli i.e. on 20/09/2010 appellants shall pay Rs.2,000/- as cost of condonation of delay to the respondent. 5. Amount deposited by the appellants be refunded to them forthwith by the Registrar of this Commission as well as by the Registrar of District Consumer Disputes Redressal Forum, Sangli. 6. Parties are left to bear their own costs. 7. Copies of the order be furnished to the parties. | 
