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A. Z. KHWAJA, KALYANI S. KAPSE, SHAILA D. WANDHARE
Ku Dipti Sanjay Budhwani – Appellant
Versus
Mahesh Urban Co-op Credit Society Ltd. – Respondent
ORDER
A.Z. Khwaja, Presiding Member—All complainants herein have filed the present fifteen complaints against the same opponent - Mahesh Urban Co-operative Credit Society Ltd. claiming similar and identical relief and so all the Complaints are being decided by this common order.
2. Complainants have preferred the present Consumer Complaints under the Consumer Protection Act, 1986. Mahesh Urban Co-operative Credit Society Ltd.(Herein after referred as Society) is registered under the Provisions of Maharashtra Cooperative Societies Act, 1960 and Mr. Kalyan Rajderkar is the Manager of the opponent - Mahesh Urban Co-operative Credit Society Ltd.. Complainants have contended that in the year 2016 the Society had introduced one scheme regarding deposits and returns at the rate of 15% per annum. Complainants were attracted by the scheme and so the complainant deposited a sum of Rs. 30,00,000/- on 20/09/2017 in the bank account by way of fixed deposit for the period of 13 months. Complainant also completed documentation formalities and amount was duly transferred to the Opponent-Society. The Opponent – Society also issued a receipt in the name of the complainant. The opponent-Society agree
(1) Detailed evidence – There is no force in contending that, that all the Complaints herein require detailed evidence and deep scrutiny which is not possible at all in summary inquiry contemplated u....
Consumer claims are maintainable notwithstanding alternative remedies under cooperative society laws.
Revisional Jurisdiction – Concurrent decisions of District Forum & State Commission cannot be set aside by this National Commission as it cannot go into re-appreciation of evidence.
Dispute involving rendition of accounts & excess interest on loan between parties fell under business domain of cooperative society, requiring to be adjudicated by arbitration.
Bank – The misappropriation and embezzlement is only a consequence of this deficient functioning of the Bank and the defence taken by it is unacceptable.
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