(1.) THESE appeals, under Section 15 of the Consumer Protection Act, 1986 , arise out of common order dated 16.9.2002 by the District Consumer Disputes Redressal Forum, Durg (hereinafter called the District Forum for short). They are, therefore, being disposed of by this common order. Appeal No. 865/2003 arises out of orders dated 16.9.2002 in Complaint No. 166/1999 while Appeal No. 869/2003 is directed against the order in Complaint No. 167/1999.
(2.) THE relevant facts no longer in dispute stated in brief are, that the complainants/respondent Nos. 1 and 2 in Appeal No. 865/2003 and respondent No. 1 in Appeal No. 869/2003 deposited the amounts, are detailed in the complaints with Pragati Mahila Samiti, Bhilai, Durg, which was a registered Society. It is also not in dispute that the opposite parties Smt. Madhuri K. Bakhle was the President of the society, while the present appellant Smt. Prajakta Karkare was the Treasurer of the said Samiti. According to the complainants, they were persuaded to deposit the amount by the President and Treasurer of the said Samiti, who assured that the amount would be returned with interest. However, the promise as above, was not kept by the appellant treasurer and the President of the Society. The complainants claimed refund of the amount deposited by them, with interest.
(3.) THE stand of the present appellant was that she was only working as a treasurer of the society. It was also averred that there was no personal agreement for the refund of the deposited amount, between her and the complainants or any other depositor. It was also averred that she was not personally liable for the refund of the amount deposited by the complainants with the Samiti. An objection was also raised that the Samiti has not been impleaded as a party.