State Consumer Disputes Redressal Commission
Marishya U Mishra & Ors. vs Supreme Co-Op Credit Society Ltd & Ors. on 8 February, 2013
BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
BEFORE THE HON'BLE STATE CONSUMER DISPUTES
REDRESSAL
COMMISSION, MAHARASHTRA,
MUMBAI
First Appeal No. A/12/878
(Arisen out of Order Dated 24/05/2012 in Case No.442/08
of District Mumbai Suburban)
1. MARISHYA U MISHRA
R/AT 503, 5TH FLOOR DHEERAJ BASERA CHINCHOLI ROAD
MALAD WEST MUMBAI- 400064
MAHARASHTRA
...........Appellant(s)
Versus
1. SUPREME CO-OP
CREDIT SOCIETY LTD
JAKERIA ROAD MALAD WEST MUMBAI
400064
MAHARASHTRA
2. CHAIRMAN OF
SUPREME CO-OPERATIVE CREDIT SOCIETY
O/AT-JAKERIA ROAD,MALAD(W),MUMBAI-400 064
MAHARASHTRA
3. HON.SECRETARY OF
SUPREME CO-OP.CREDIT SOCIETY
O/AT-JAKERIA ROAD,MALAD(W),MUMBAI-400 064
MAHARASHTRA
...........Respondent(s)
First Appeal No. A/12/879
(Arisen out of Order Dated 24/05/2012 in Case
No.443/08 of District Mumbai Suburban)
1. BANSRAJ L MISHRA
503 5 TH FLOOR
DHEERAJ BASERA CHINCHOLI ROAD MALAD WEST MUMBAI-
400064
MAHARASHTRA
...........Appellant(s)
Versus
1. SUPREME CO-OP
CREDIT SOCIETY LTD
JAKERIA ROAD MALAD WEST MUMBAI
400064
MAHARASHTRA
2. CHAIRMAN OF
SUPREME CO-OPERATIVE CREDIT SOCIETY
O/AT-JAKERIA ROAD,MALAD(W),MUMBAI-400 064
3. HON.SECRETARY OF
SUPREME CREDIT SOCIETY
O/AT-JAKERIA ROAD,MALAD(W),MUMBAI-400 064
...........Respondent(s)
...........Respondent(s)
First Appeal No. A/12/880
(Arisen
out of Order Dated 24/05/2012 in Case No.440/08 of District Mumbai
Suburban)
1. UDAYSHANKAR MISHRA
503 5 TH FLOOR
DHEERAJ BASERA CHINCHOLI ROAD MALAD WEST MUMBAI-
400064
MAHARASHTRA
...........Appellant(s)
Versus
1. SUPREME CO-OP
CREDIT SOCIETY LTD
JAKERIA ROAD MALAD WEST MUMBAI
- 400064
2. CHAIRMAN OF
SUPREME CO-OPERATIVE CREDIT SOCIETY
O/AT-JAKERIA ROAD,MALAD(W),MUMBAI-400 064
3. HON.SECRETARY OF
SUPREME CO.OP.CREDIT SOCIETY
O/AT-JAKERIA ROAD,MALAD(W),MUMBAI-400 064
...........Respondent(s)
First Appeal No. A/12/881
(Arisen
out of Order Dated 24/05/2012 in Case No.441/08 of District Mumbai
Suburban)
1. AVANTIKA U MISHRA
503 5TH FLOOR DHEERAJ BASERA CHINCHOLI ROAD
MALAD WEST MUMBAI- 400064
...........Appellant(s)
Versus
1. SUPREME CO-OP
CREDIT SOCIETY LTD
JAKERIA ROAD MALAD WEST MUMBAI
- 400064
2. CHAIRMAN OF
SUPREME CO-OPERATIVE CREDIT SOCIETY
O/AT-JAKERIA ROAD,MALAD(W),MUMBAI-400 064
3. HON.SECRETARY OF SUPREME
CO-OPERATIVE SOCIETY
O/AT-JAKERIA ROAD,MALAD(W),MUMBAI-400 064
...........Respondent(s)
BEFORE:
HON'BLE MR. S.R.
Khanzode PRESIDING MEMBER
HON'BLE MR. Dhanraj
Khamatkar Member
PRESENT: Mr.Ashish Shukla, Advocate i/b. Mr.Sanjeet
Shukla, Advocate for the appellants.
Mr.S.K. Chaursia,
Advocate for the respondents.
ORDER
Per Shri Dhanraj Khamatkar, Honble Member These are four appeals filed by the appellants against the order of District Forum, Mumbai Suburban dated 24/05/2012 passed in consumer complaint Nos.440, 441, 442 & 443/2008.
2. The facts leading to these appeals can be summarized as under :-
The appellant in Appeal No.880/2012 Mr.Udayshankar B. Mishra is Ex-Chairman of respondent/The Supreme Co-operative Credit Society Ltd.
During his tenure as a Chairman he has deposited following amounts in the names of his father Mr.Bansraj L. Mishra, who is appellant in Appeal No.879/2012, daughter Ms.Marishya U. Mishra, who is appellant in Appeal No.878/2012 and daughter Ms.Avantika Mishra, who is appellant in Appeal No.881/2012. The applications are made by Mr.Udayshankar Mishra himself.
While depositing the amount he has not mentioned the age of the daughters Ms.Marishya and Ms.Avantika.
However, account shown as minors account. In all there are four accounts. The fixed deposit number, date of deposit, maturity date and the amount to be paid is mentioned in the following manner :-
Name of depositor Fixed Deposit No. Amount of deposit Date of deposit Date of maturity U.B. Mishra 37 16,000/-
02/05/1996 01/05/1999 A.U. Mishra 35 & 26 12,200/-
15,000/-
19/11/1996 10/11/1995 19/11/2001 10/11/1998 M.U. Mishra 27 15,000/-
10/11/1995 10/11/1998 B.L. Mishra 21 & 24 3,500/-
21,500/-
21/05/1993 23/05/1995 21/11/1998 23/05/2000
3. It is the contention of the appellants that on maturity of fixed deposits they have not been paid the maturity amount by the respondents i.e. original opponents-Credit Society. The appellants further stated that respondents/original opponents-Credit Society contended that loan is outstanding against Mr.Udayshankar B. Mishra and hence, respondents/opponents-Credit Society had approached the Registrar, Co-operative Societies under Section 101 of the Maharashtra Co-operative Societies Act for recovery certificate by filing applications bearing Nos.108/2005, 112/2005 & 116/2005.
However, District Deputy Registrar has not issued recovery certificate on the ground that the deposits of Mr.Udayshankar Mishra are with respondents/opponents-Credit Society and they could recover the loan amount from the deposit receipts with the respondents/opponents-Credit Society. The order of the Deputy Registrar is dated 30/05/2006. As the respondents/opponents-Credit Society failed to pay the amount of deposit on maturity, the complainants i.e. Udayshankar Mishra, Bansaraj Mishra, Marishya Mishra and Avantika Mishra had filed consumer complaint Nos.440, 443, 442 & 441/2008 respectively in the District Forum, Mumbai Suburban alleging deficiency in service on the part of original opponents/ respondents-Credit Society praying for directing the original opponents/respondents-Credit Society to pay the maturity amount along with interest.
4. Opponents/respondents-Credit Society had contested the complaints by filing written version contending that the complainants in complaint Nos.441 to 443/2008 are relatives of Mr.Udayshankar Mishra, complainant in complaint No.440/2008 who is a former Chairman of the Credit Society and has done many illegal acts. They further contended that except fixed deposit receipts Nos.30, 31 & 38 owned by Mr.Udayshankar Mishra remaining fixed deposit receipts are not with the Credit Society. Opponents/respondents-Credit Society contended that rest of the documents are in possession of Mr.Udayshankar Mishra who is Ex-Chairman of the Credit Society. They have filed a copy of loan statement of Mr.Udayshankar Mishra. Remaining deposit receipts are not with the Credit Society. They further claimed that an amount of `1 Lakh has been taken as loan from the Credit Society without any sanction by the Credit Society itself. For the security of loan as per record of the Credit Society, there are only three fixed deposit receipts of `25,000/- `25,000/- and `10,000/-. Therefore, original opponents/respondents-Credit Society prayed that there is no truth in the complaints and hence same be dismissed with compensatory cost.
5. District Forum after going through the consumer complaints, written version filed by the opponents, evidence filed by both the parties on affidavits and pleadings of their Advocates came to the conclusion that there is no deficiency in service on the part of opponents/ respondents/Credit Society and dismissed the complaints by order dated 24/05/2012. Being aggrieved by the same, four different appeals have been filed by the original complainants.
6. Since, all these appeals involved common question of law, the appeals are clubbed together and common order is passed.
7. We heard Mr.Ashish Shukla, Advocate i/b. Mr.Sanjit Shukla, Advocate for the appellants and Mr.S.K. Chaurasia, Advocate for the respondents.
8. Admittedly, Mr.Udayshankar Mishra/appellant in Appeal No.880/2012 is Ex-Chairman of the respondents/Credit Society.
Admittedly, other appellants i.e. Mr.Bansraj L Mishra-appellant in Appeal No.879/2012 is a father of Mr.Udayshankar Mishra. Similarly, Ms.MarishyaU. Mishra-appellant in Appeal No.878/2012 and Ms.Avantika Mishra-appellant in Appeal No.881/2012 are the daughters of Mr.Udayshankar Mishra. It is also on record that deposit receipts are of the period when Mr.Udayshankar Mishra was the Chairman of the opponents/respondents-Credit Society. On perusal of the fixed deposit receipts, Receipt Nos.35 & 26 in respect of Ms.Avantika Mishra did not bear the signature of the Manager. Mr.Udayshankar Mishra and other office bearer of the opponents/respondents-Credit Society had only put their signatures. On Receipt No.27 in respect of Ms.Marishya Mishra, there is no signature of the Manager of the opponents/respondents-Credit Society. Similarly, on Receipt No.24 in respect of Mr.Bansraj L. Mishra, there is no signature of the Manager of the opponents/respondents-Credit Society. On the Fixed Deposit Receipts signature of the Manager is mandatory and all the receipts are in the hands of Mr.Udayshankar Mishra. This itself raised a doubt about genuineness of the Fixed Deposit Receipts. The opponents/respondents-Credit Society had approached to the Deputy Registrar under Section 101 of Maharashtra Co-operative Societies Act for issuing a recovery certificate for recovery of loan by filing applications Nos.108, 112 & 116/2005.
No doubt, Deputy Registrar has rejected the applications on the ground that persons against whom the recovery certificate is sought are having deposits in the opponents/respondents-Credit Society and opponents-Credit Society can recover the loan amount from the deposits. This order does not stop the opponents/respondents-Credit Society from recovering the loan amount from the Fixed Deposit Receipts.
9. Learned Counsel for the appellants vehemently argued that Fixed Deposit Receipts in respect of Ms.Marishya U. Mishra, Mr.Bansraj L. Mishra, and Ms.Avantika Mishra are separate deposit receipts and opponents/respondents-Credit Society is legally bound to pay the maturity amount. There is no charge of loan on the said deposit receipts and they are entitled to get the maturity amount. In support of his contention he has relied on the decision of Kerala High Court in CRP No.850/1998 Union Bank of India V/s. K.V. Venugopalan & Ors., AIR 1990 Ker 223. We are afraid that the authority relied upon by Learned Counsel for the appellants is not applicable in the instant appeals as facts and circumstances are not relevant in the present appeals.
10. The Fixed Deposit Receipts are of the period when Mr.Udayshankar Mishra was Chairman of the opponents/respondents-Credit Society and the Fixed Deposit Receipts explained above did not bear signature of the Manager of the Credit Society. Burden of proving the aforesaid receipts as genuine lies on the appellants and the opponents/respondents-Credit Society has denied the Fixed Deposit Receipts as the receipts did not bear signature of the Manager and there is no record with the opponents/respondents-Credit Society. When there is a specific denial by respondents/Credit Society, the burden of proving the same lies on the appellants. District Forum after going through the facts and circumstances of the case had come to be conclusion that there is no deficiency on the part of opponents/respondents-Credit Society. Taking into consideration the circumstances under which the deposits are made and the fact that deposit receipts did not bear signature of the Manager of the Credit Society and specific denial of the opponents/respondents-Credit Society that the receipts are not genuine. We do not find any deficiency in service on the part of opponents/respondents-Credit Society. We hold accordingly and pass the following order :-
-: ORDER :-
1.
Appeal Nos.878 to 881/2012 are dismissed.
2. Appellants should bear their own costs and pay cost of `5,000/- in each appeal to the respondents-Credit Society.
3. Copies of the order be furnished to the parties.
Pronounced Dated 8th February 2013.
[HON'BLE MR. S.R. Khanzode] PRESIDING MEMBER [HON'BLE MR. Dhanraj Khamatkar] Member dd