MAHESH RAJABHAU UMBARE Vs. MANAGER, MAHARASHTRA STATE CO-OPERATIVE RURAL AGRICULTURAL MULTIPURPOSE DEVELOPMENT BANK

JUDGEMENT

(1.) Delay of 58 days in filing the Revision Petition is condoned.

(2.) We have heard learned Counsel for the Petitioners and perused the impugned order dated 15.5.2015 passed by the State Consumer Disputes Redressal Commission, Maharashtra, Circuit Bench at Aurangabad (for short "the State Commission") in First Appeal No.152/2013. From the facts, which are not controverted by learned Counsel for the Petitioners, we find that the dispute between the Petitioners and the Respondent Bank was already settled by giving benefit of One Time Settlement (OTS) Scheme as a special case and on the basis of the settlement the Petitioners have paid the entire dues on 19.11.2007. The present Complaint has been filed before the District Consumer Disputes Redressal Forum, Osmanabad (for short "the District Forum") on 23.11.2009, i.e. after two years from the date of making payment of the entire dues under OTS. The contention of the Petitioners, that the OTS was entered into between the Petitioners and the Respondent Bank on account of coercion and the Petitioners did not enter into the same on their own free will, is not substantiated for the simple reason that there is no material on record to show that after having entered into the OTS and paying entire dues on 9.11.2007, the Petitioners had written any letter to the Authorities expressly stating that the said settlement has been entered into under some pressure or coercion and they waited for two years till the time of filing of the Complaint. In our view, the bonafide of the Petitioners is not established that the OTS was entered into between the Petitioners and the Opposite Party under coercion.

(3.) In view of the aforesaid discussion, we do not find any good ground to interfere with the impugned order in exercise of our Revisional jurisdiction. The Revision Petition is dismissed.