National Consumer Disputes Redressal
Mahesh Rajabhau Umbare & Anr. vs Manager, Maharashtra State ... on 6 November, 2018
Author: R.K. Agrawal
Bench: R.K. Agrawal
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI REVISION PETITION NO. 2855 OF 2015 (Against the Order dated 15/05/2015 in Appeal No. 152/2013 of the State Commission Maharashtra) 1. MAHESH RAJABHAU UMBARE & ANR. R/O RATH GALLI BHOOM, TAL. BHOOM DIST. OSMANABAD MAHARASHTRA 2. RAJABHAU GAURISHANKAR UMBARE, R/O RATH GALLI BHOOM, TAL. BHOOM DIST. OSMANABAD MAHARASHTRA ...........Petitioner(s) Versus 1. MANAGER, MAHARASHTRA STATE CO-OPERATIVE RURAL AGRICULTURAL MULTIPURPOSE DEVELOPMENT BANK & 2 ORS. BRANCH AT OSMANABAD MAHARASHTRA 2. THE GENERAL MANAGER, DISTRICT INDUSTRY CENTRE OSMANABAD MAHARASHTRA 3. THE MANAGER, OSMANABAD DISTRICT CO-OPERATIVE AGRICULTURE, RURAL MULTIPURPOSE DEVELOPMENT BANK OSMANABAD MAHARASHTRA ...........Respondent(s)
BEFORE: HON'BLE MR. JUSTICE R.K. AGRAWAL,PRESIDENT HON'BLE MRS. M. SHREESHA,MEMBER For the Petitioner : MR. VADREVU PATTABHI RAM For the Respondent : Mr.M.S. Kulkarni, Advocate for R-1, 3 R-2 ex parte vide order dt.12.2.2018 Dated : 06 Nov 2018 ORDER Delay of 58 days in filing the Revision Petition is condoned.
We have heard learned Counsel for the Petitioners and perused the impugned order dated 15.5.2015 passed by the State Consumer Disputes Redressal Commission, Maharashtra, Circuit Bench at Aurangabad (for short "the State Commission") in First Appeal No.152/2013. From the facts, which are not controverted by learned Counsel for the Petitioners, we find that the dispute between the Petitioners and the Respondent Bank was already settled by giving benefit of One Time Settlement (OTS) Scheme as a special case and on the basis of the settlement the Petitioners have paid the entire dues on 19.11.2007. The present Complaint has been filed before the District Consumer Disputes Redressal Forum, Osmanabad (for short "the District Forum") on 23.11.2009, i.e. after two years from the date of making payment of the entire dues under OTS. The contention of the Petitioners, that the OTS was entered into between the Petitioners and the Respondent Bank on account of coercion and the Petitioners did not enter into the same on their own free will, is not substantiated for the simple reason that there is no material on record to show that after having entered into the OTS and paying entire dues on 9.11.2007, the Petitioners had written any letter to the Authorities expressly stating that the said settlement has been entered into under some pressure or coercion and they waited for two years till the time of filing of the Complaint. In our view, the bonafide of the Petitioners is not established that the OTS was entered into between the Petitioners and the Opposite Party under coercion.
In view of the aforesaid discussion, we do not find any good ground to interfere with the impugned order in exercise of our Revisional jurisdiction. The Revision Petition is dismissed.
......................J R.K. AGRAWAL PRESIDENT ...................... M. SHREESHA MEMBER