Per Shri P.N. Kashalkar, Hon’ble Presiding Judicial Member
This appeal has been filed by org. O.P.Nos.3to7 against the judgement and award passed by District Consumer Forum, Sangli in consumer complaint No.930/2008 decided on 07/10/2009. While allowing the complaint filed by Shri Suryaji Akaram Nalwade & Sou. Suman Suryaji Nalwade, Forum below directed all the O.Ps. including appellants to pay to the complainants a sum of `30,000/- pertaining to each deposit receipt Nos.12485, 12486, 12487 & 12488 with interest @ 7% p.a. from 11/10/2007. Likewise, Forum below also directed all the O.Ps. to refund amount of `62,104/- with Credit Society’s pre-matured deposit interest from 11/06/2004 pertaining to deposit receipt No.13962, `24,000/- with interest @ 7% p.a. from 17/01/2008 pertaining to deposit receipt No.12678 and `20,000/- pertaining to each deposit receipt No.14084 & 14085 with Credit Society’s pre-matured deposit interest from 22/06/2004. Forum below imposed cost of `1,000/- on all the O.Ps. and directed them to comply with this order within 30 days from the date of receipt of the order. As such 5 persons have filed this appeal.
The facts to the extent material may be stated as under :-
Complainants/Mr.Suryaji Akaram Nalwade and Mrs.Suman Suryaji Nalwade resident of Waiphale, Taluka Tasgaon, District Sangli had deposited various amounts as per the table given below :-
F.D.R. No. Date Amount (deposited)
12485 10/04/2002 `15,000/-
12486 10/04/2002 `15,000/-
12487 10/04/2002 `15,000/-
12488 10/04/2002 `15,000/-
12678 16/07/2002 `12,000/-
13962 11/06/2004 `62,104/-
14084 22/06/2004 `20,000/-
14085 22/06/2004 `20,000/-
However, it was grievance of the complainants that no interest is being paid to them on the FDRs or on the amount kept by them in the saving bank account. They had demanded interest on both the accounts, but employees of Manohar Co-op. Credit Society Ltd. avoided to pay any interest. Therefore, complainants filed consumer complaint against Manohar Co-op. Credit Society Ltd., Branch Sangli and Manohar Co-op. Credit Society Ltd., Head Office at 156, Sunny Apartment, LBS Marg, Kurla (W), Mumbai and also impleaded Chairman and other Directors of the said Credit Society as O.Ps. Forum below has sent notices to O.P.Nos.1to7, but despite service of notice, O.P.Nos.2to7 did not attend the Forum below to contest the matter and therefore, by passing order below Exhibit-1 all of them were proceeded ex-parte. Only O.P.No.1 appeared and contested the matter by filing written version. Thereafter, Forum below on the basis of documents and affidavits placed on record held that there was deficiency in service on the part of Society and Directors of the Society and therefore, it allowed the consumer complaint and passed the impugned order which has been reproduced in the opening para of this judgement. Aggrieved by this award, other than Credit Society, 5 persons against whom award has been passed jointly and severally have filed this appeal.
We heard Mr.Manoj Patil, Advocate for the appellants and Mr.Kiran Patil, Advocate for respondent No.4. None is present for respondent Nos.1to3.
We are finding that there is virtually no merit in the appeal preferred by the aggrieved persons/appellants herein. What is pertinent to note is the fact that the appellants herein did not put in appearance in the Forum below to contest this matter. Forum below has categorically mentioned in its judgement that all the O.Ps. were duly served but, except O.P.No.1, all other O.Ps. remained absent and therefore, they were proceeded ex-parte and thereafter, considering the case made out by the respondent Nos.1&2 herein, Forum below passed award against all the O.Ps. including all the appellants herein and directed them to refund the amount as claimed by the complainants in their complaint.
It has been argued before us very vehemently by Advocate Mr.Manoj Patil for the appellants that appellants were not Directors of the Credit Society. However, there is nothing on record to substantiate this contention of the appellants. The fact that they were not Directors of the Manohar Co-op. Credit Society Ltd. should have pleaded in the Forum below by filing written version and affidavit and necessary documents, but when the appellants preferred to remain absent and allowed the Forum below to pass ex-parte award against them, they cannot now be heard to say that they were not Directors of the Credit Society in question. Further, party to the proceeding is entitled to file written version and affidavit to contest the matter as they added as defendants or O.Ps. When such persons are given chance to contest the matter, who deliberately remains absent and allows the Forum below to pass ex-parte award, then such persons cannot be given second inning by allowing the prayer of appellants’ Counsel that the matter should be remanded and they should be permitted to file written version and to contest the matter. What is pertinent to note is that immediately they had not filed appeal. They preferred to file appeal when they received notice in the execution proceeding from the Forum below. So, they decided to file appeal simply to stall the execution proceeding initiated by respondent Nos.1&2 herein and when the appeal is filed with a desire to stall execution proceeding, we are of the view that such appeal should be summarily rejected there being no substance in the appeal. In the circumstances, we pass the following order :-
-: ORDER :-
1. Appeal stands summarily rejected.
2. No order as to costs.
3. Amount deposited, if any by the appellants be handed over to the respondent Nos.1&2/Mr.Suryaji Akaram Nalwade & Mrs.Suman Suryaji Nalwade towards part satisfaction of the award.
4. Copies of the order be furnished to the parties.
