STATE CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA NAGPUR CIRCUIT BENCH NAGPUR First Appea l No. RBT/A/19/58 (Arisen out of Order Dated 12/12/2018 in. Complaint Case No. 2018/50 of District Forum, Amravati.)

1. The Maharashtra State Co-op. Cotton Growers Marketing Federation Ltd, Through it’s Director, Khetan Bhavan, 6th Floor, 198, Jamshedji Tata Road, Infront Of Ritz Hotel, Church Gate, Mumbai-400 020.

2. The Maharashtra State Co-op. Cotton Growers Marketing Federation Ltd, Through it’s Zonal Manager, Zone Office, Chitra Chowk, Infront of Shivlahari Hospital, 1^st Floor, Amravati, Tq. And Distt. Amravati. ...........Appellant (s)

Versus Shri Anil Ramniwas Agrawal, R/o. Purna Nagar, Tq. Bhatkuli, Distt. Amravati, Presently residing at Krushnarpan Colony, Badnera Road, Amravati, Tq. And Distt. Amravati.

.........Respondent(s)

BEFORE:

HON'BLE MRS. KALYANI S. KAPSE PRESIDING MEMBER HON'BLE MS. SHAILA D. WANDHARE MEMBER PRESENT: Adv. Shrimali for the appellant Dated : 07 April, 2025 Final Order/Judgment (Delivered on 07/04/2025)

Per Mrs Kalyani Kapse, Hon’ble Presiding Member

1. Appellant No. 1 namely the Maharashtra State Cooperative Cotton Growers Marketing Federation through its Director, Mumbai and Appellant No. 2 the Maharashtra State Co-operative Cotton Growers Marketing Federation through its Zone Manager, Amravati filed this present appeal against the order passed by the learned District Consumer Disputes Redressal Forum, Amravati dated 12/12/2018 passed in Complaint (UTP) No. 50/2018 and thereby partly allowing the complaint of the respondent /original complainant.

2. Short facts leading to filing of the appeal may be narrated as under. (Parties are referred as per their original nomenclature).

The O.P.No.1- the Maharashtra State Cooperative Cotton Growers Marketing Federation through its Director, Mumbai (Herein after called as Cotton Federation for the sake of brevity) has been appointed as a Chief Agent on behalf of the Government of Maharashtra under Maharashtra Raw Cotton (Procedure) Processing and Marketing Act, 1971. As per the provisions of the said Act the main function of the Cotton Federation was to purchase the raw cotton from the farmers in the State of Maharashtra and for caring out such activity the Cotton Federation has established various Zone, Sub Zone and collection centre and one of the Zone Office is at Amravati (Hereinafter called as O.P.No.2)

3. The father of the complainant was also the farmer and he had sold the cotton to the Cotton Federation at Collection Centre which falls within a territorial of O.P.No. 2. Zone Office. As per provisions of the Maharashtra Raw Cotton Act and more particularly Act which contents Section 35(A) the provision has been made for Capital Farmer Fund for generation of additional requirement of funds for the proper and continuous operation of the Cotton Monopoly Scheme and wherein 3% of the cotton sold by the farmers has to be deposited with the Cotton Federation towards the said capital fund. However, the Cotton Monopoly Scheme has been abolished and it was decided by the Government to refund the amount deposited by the Farmers towards the capital fund and accordingly, the amount payable to the father of the respondent was disbursed which includes the first instalment of Rs. 23,107/-, second instalment of Rs. 27,253/- and third instalment of Rs. 7084/-.

4. The father of the respondent died on 05/02/2005 and complainant possess himself as the legal heir as he is son of the deceased Ramniwas Agrawal. The complainant issued legal notice dated 08/11/2017 and which was duly replied by the appellant No. 2 vide reply dated 20/11/2017 and thereafter the complainant filed the complaint before the District Consumer Disputes Redressal Forum, Amravati along with documents. Written statement was filed by the O.P.- Cotton Federation along with documents. The impugned order was passed by the District Consumer Disputes Redressal Forum, Amravati and thereby partly allowing the complaint dir