ORDER

HON’BLE Mr.JUSTICE HULUVADI G RAMESH : PRESIDENT

1. This is an appeal filed U/s.41 of CPA 2019 by OP.2/Appellant aggrieved by the order dtd.03.01.2020 passed in CC/2031/2019 on the file of Belagaum District Commission.

2. The Commission examined grounds of appeal, impugned order, appeal papers, objections, documents and heard.

3. The Complainants raised consumer complaint before the Commission below alleging deficiency in service on the part of OPs in not returning their fixed deposit amount even after its maturity. None of the OPs contested the matter before the Commission below, thereby placed exparte. The Commission below held an enquiry and proceeded to allow the complaint directing OP.1/Chairman & OP.2 to 13/Directors of the society to refund the FD amount with interest & cost. Being aggrieved by the said order, OP.2/Appellant preferred this appeal on the ground that, there is no allegations of misappropriation of FD amount, fraud or malafide against her. Further ground that, if fixed deposits are not returned, it is only the society and the Manager/CEO or the Chairman of the said society are liable and not all the Directors. Hence, holding Appellants are liable for non-return of the fixed deposits is illegal. On the contrary, learned counsel for Respondents submit that Complainants/Respondents are the sober illiterate person have no wordly knowledge, having a good relation with the Board of directors and as per the assurance and believing on Appellant’s words & as attractive interest offered by them, with sheer hope that the returns will certainly helpful for future, have deposited the amount. In this regard, we are of the view that, if Appellant is much diligent, as to why she failed to contest the matter before the Commission below, is not forthcoming, instead, she deliberately remained idle herself uncontesting the matter.

Further, she filed this appeal, that too on an inordinate delay of 984 days, is unsustainable.

4. It is to be noted herein that, the Complainants have deposited the amount under FD in the year 2012, 2014 & 2015 which are matured in the year 2015, 2016, 2019 & 2021. In this regard we perused one document produced by learned counsel for Respondent i.e. letter dtd.02.01.2023 along with list of details of Administrative board of the society issued by Karnataka State Souharda Federal Co-operative ltd., wherein we could see the name of the OPs of the society under the head President, Vice President and Directors, and one Jayashri Sadashiva Karajagi/OP.2/Appellant herein was working as CEO in Shree Veerashiav Urban Co-operative Credit Society ltd., Belagavi.

From this, it is evident that the Shree Veerashiav Urban Co-

operative Credit Society ltd., Belagavi is shown to be in existence and the present office bearers whether or not are still continued or not or anybody comes over in their place is immaterial since society is shown to be in existence and is bound to settle the disputes of the poor depositors in accordance with law. Hence, by submitting that there is no allegations of misappropriation of FD amount, fraud or malafide against her, cannot escape from the liability.

5. Further, we perused one document produced by learned counsel for Appellants in A/1903/2022 i.e. Annexure-4/order dtd.13.03.2018 said to have issued by Karnataka State Souharda Federal Co-operative ltd., wherein disqualified one Smt.Roopa Basavaraja Nandagavi/Director/OP.6/Appellant no.1 in A/1903/2022 from the post of member/director as she being the Director of the Society failed to furnish any particulars as to conducting of general body meeting, audit etc., From this, it seems to be, no such activities have been conducted in the society by the board of directors/office bearers. If such activities would have conducted periodically, could have avoided the misappropriation of fund, so also, injustice to the depositors