ORDER

Case of the complainant

Dr. P.D. Shenoy, Member - The complainant No. 1 Hanuman Sahakari Pani Puravatha Sansthan Maryadit (hereinafter referred to as the Society) is a Water Distribution/Lift Irrigation Society, and complainant No. 2 is Rajarambapu Patil Sahakari Sakhar Karkhana Limited (hereinafter referred to as the Sugar Factory) both registered under the provisions of the Maharashtra Cooperative Societies Act, 1960. Some time in the year 1988-89, a scheme of lift irrigation was sponsored by the Sugar Factory for the benefit of agriculturists of village Kurla with the financial assistance to the tune of Rs. 80,99,028 from the Maharashtra State Cooperative Agricultural and Rural Development Bank Limited (hereinafter referred to as the Bank). The lift irrigation scheme was to be executed on Warna river and a tripartite agreement was executed on 20.12.1988 between the Society, Sugar Factory and the said Bank. According to the agreement the Sugar Factory was to function as a contractor to execute the project and received payment from the Bank though repayment was to be done by the Society. The scheme was completed as per the specifications of the Public Works Department (PWD). T