Different members of the same family made cash deposited with M/s Hiral Agency Firm through their partners.  Complaint No.171/2012 was

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filed by Hardik Dilipbhai Patel against Hiral Agency alleging that he deposited Rs.4,15,400/-.  At the end of the year interest of 18% was to be added to the principal amount.  In July 2001 respondent demanded the repayment of the amount which was not paid.  Complaint was filed on 06.05.2002.  State Commission allowed the complaint and directed the appellants/opposite parties to pay Rs.8,04,358.

             Another complaint No.172/2002 was filed by Pankajben Dilipbhai Patel wherein complainant had deposited Rs.3,75,000/- with the opposite party on 08.05.1998.  Rate of interest was 18% p.a.  State Commission dismissed the complaining holding that there was no deficiency and it was a money suit and the parties should be relegated to file the civil suit to recover the money. 

             First Appeal No.20/2012 has been filed against complaint No.171/2002 whereas First Appeal No.454/2012 has been filed against complaint No.172/2002. 

             Orders passed by the State Commission are contradictory and inconsistent and, therefore, cannot be sustained.  Both the orders being contradictory to each other are set aside and the cases are remitted back

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to the State Commission to decide them afresh in accordance with law after hearing counsel for the parties.

             Parties through their counsel are directed to appear before the State Commission on 01.08.2013.

             Since these are very old cases we would request the State Commission to dispose of the complaints as expeditiously as possible and preferably within a period of four months from the date of appearance.

             Office is directed to release the amount deposited, if any by the appellants in FA 20/2012, to the appellants along with accrued interest thereon.