PADRA TALUKA PRATHMIC SHIKSHKON NI COOPERATIVE CREDIT SOCIETY AND CONSUMER SOCIETY LIMITED Vs. MUKESH SHAH

JUDGEMENT

(1.) HEARD Mr. N.J. Modi, learned Advocate for the appellant and Mr. Mukesh Shah, respondent No. 1 for himself and respondent No. 2 -original complainant.

(2.) THIS appeal under Section 15 of the Consumer Protection Act, 1986 is directed against order dated 13.2.2007 rendered in Consumer Complaint No. 1737 of 2004 by the learned Consumer Disputes Redressal Forum (Additional), Vadodara, partly allowing the complaint, directing the opponent to pay Rs. 20,000 to complainant Nos. 2 and 3 with interest @ 10.80% from 18.12.2000 till realisation of the amount and also awarding Rs. 3,000 by way of compensation for mental agony, harassment and inconvenience with cost quantified at Rs. 1,500.

(3.) FACTS giving rise to the present appeal shortly stated are that the complainant Rameshbhai K. Bhatt (complainant No. 2) filed complaint through complainant No. 1, a voluntary organisation, under the provisions of the Consumer Protection Act, 1986 stating that the complainant had deposited Rs. 1,00,000 on 5.1.1998 -99 vide receipt No. 6824 with the opponent carrying interest @ 10.80; that the complainant had withdrawn Rs. 80,000 and an amount of Rs. 20,000 along with interest remained due and payable by the opponent. The complainant demanded refund of the amount. The opponent had been requesting the complainant to wait as the opponent had liquidity problem. Despite several attempts, the amount has not been paid to the complainant and therefore the complaint for the redressal of the grievance came to be filed by the complainant. The learned Forum considering the reply filed by the opponent and also the documentary evidence on record and the legal position, passed the order aforestated. Original opponent has assailed the aforesaid order by way of present appeal.