D.O.F.5.8.09 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KANNUR Present: Sri.K.Gopalan: President Smt.K.P.Preethakumari: Member Smt.M.D.Jessy: Member Dated this, the 13th day of April 2010 CC.204/2009 P.M.Devassia, PullanKannapalliyil, P.O.Kayanna, 673 526 Complainant 1. Secretary, Thalassery Taluk Rubber & Agricultural Marketing Society, Opposite parties P.O.Iritty. 2. President, Thalassery Taluk Rubber & Agricultural Marketing Society, P.O.Iritty (Rep. by Adv.John Joseph) 3. Joint Registrar, Co. operative societies, Kannur. O R D E R Smt.K.P.Preethakumari, Member This is a complaint filed under section 12 of the consumer protection act for an order directing the opposite parties to pay Rs.50, 000/- as compensation. The case of the complaint is that his deposit was matured on 18.10.08 and the maturity amount is Rs.40016/- as on 18.10.08. But the opposite parties are not ready to return back the deposited amount even after repeated request made by the complaint. Even though he had approached the Joint Register for the same, all this efforts are in vain. So the opposite parties showed deficiency of service. Hence this complaint. In pursuance to the notice issued by the Forum the opposite parties appeared and filed their version. According to opposite parties this Forum has no jurisdiction to entertain the complaint against joint Registrar of Co-op. societies who is performing statutory functions and hence there is no consumer relation between the complainant and 3rd opposite parties and hence the complaint is bad for mis joinder of unnecessary parties. The complainant has not availed any service nor purchased any goods for consideration from the opposite parties and hence complainant is not a consumer and the complainant has to take steps under section 69 of Kerala co.operative societies Act. The opposite parties never compelled the complainant to deposit Rs.35, 000/- from the sale proceeds of rubber. The complainant is not entitled to get any compensation for loss, injury since he has not suffered any such injuries. The opposite parties societies is facing great financial crisis on account of some unexpected incidents in connection with the election and administration of the society and other political issues and consequent massive withdrawal of fixed deposit by its members. The management committee of the respondent society has already passed a resolution dt.2.6.08 for selling 13.5 cents of immovable property belonging to the society along with multistoried building and already sanctioned permission for selling in public auction. After selling the property the opposite parties can discharge its liability due to the complainant and hence the complaint is liable to be dismissed. On the above contention the following issues have been raised for consideration. 1. Whether the complainant is a consumer and Forum has jurisdiction to try this case? 2. Whether there is any deficiency on the part of opposite parties? 3. Whether the complainant is entitled to any relief as prayed in the complaint? 4. Relief and cost. The evidence in this case consists of the oral testimony of PW1, DW1 and Exts.A1 and B1 and B 2. Issues Nos. 1 to 4 The opposite parties contended that the complaint is not maintainable before the Forum since Joint registrar of co.operative society is a party and also the complaint is not maintainable as per section 69 of Kerala co.op. Societies act. The 1st opposite party further contended that he complainant has stocked dried rubber with profit motive with the opposite party, in his capacity as a member of the society. The 1st opposite party society is a rubber and Agricultural Marketing cooperative society. The secretary, Thirumurugan co. operative Agricultural credit society Vs. M.Lalitha (Dead) through legal heirs and others, the Hon’ble apex court held that the provisions of this act shall be in addition to and not interrogation of the provisions of any other law for the time being force. While going through the object and reasons and purpose for which the consumer protection act 1986 is enacted, it can be ascertained that it is to provide better protection and relief to the consumers from the exploitation and to save them adulterated and substandard goods and deficiency in services and to safe guard their interest. From the statement of objects and reasons and the scheme of 1986 act, it is apparent that the main objective of the act is to provide for better protection of the interest of the consumer and for their purpose to provide better redressal mechanisum through cheaper, easier and effective redressal is made available to consumers and these redressal agencies observing the principles of natural justice and empowered to give relief of specific nature. In this case as admitted by the opposite party he is an agriculturist and is cultivating and marketing rubber. The deposited amount is the consideration price of the rubber which the opposite party purchased and he had deposited an amount of Rs.35, 000/- to the society with 11% interest. So it is true that the opposite party had utilized the ru8bber purchased from the complaint and its consideration price also so it cannot be said that he is only a creditor of the society. The complainant had availed the service of opposite party and hence we hold view that he is the consumer of opposite party and hence this complaint is maintainable before the Forum and hence the forum has ample jurisdiction to try the case and hence issue No.1 is found in favour of the complainant. The opposite party admits that the complainant had deposited Rs.35, 000/- on 16.6.07 as per Ex.tA1 with 11% interest per anum. Ex.tA1 also proves the same. Ex.tB1 and B2 shows that the society is now suffering from financial stringency and hence they have decided to dispose off their immovable property for which the department has already given sanction. So the complaint is entitled to receive the above said Rs.35,000/- with 11% interest from 16.6.07to 16.6.08 and there after 5% interest till the date of realization with Rs.500/- as cost of this proceedings and order passed accordingly. In the result, the complaint is allowed directing the opposite parties to pay Rs.35,000/- (Thirty five thousand only)with 11% interest from1 6.6.07 to 16.6.08 and there after at 5% interest till the date of realization with Rs.500/-(Rupees Five hundred only) as cost within one month from the date of receiving the order. Failing which the complainant is at liberty to execute the order as per the provisions of consumer protection Act. Sd/- Sd/- Sd/- President Member Member APPENDIX Exhibits for the complainant A1.Copy of fixed deposit receipt dt.16.6.07 issued by OP Exhibits for the opposite parties B1.Copy of the resolution passed by the Managing committee dt.2.6.08 B2.Copy of the order passed by the JR, Kannur dt.17..709 Witness examined for the complainant PW1. Complainant Witness examined for the opposite parties DW1.P.M.Benny /forwarded by order/ Senior Superintendent Consumer Disputes Redressal Forum, Kannur
| | HONORABLE PREETHAKUMARI.K.P, Member | HONORABLE GOPALAN.K, PRESIDENT | HONORABLE JESSY.M.D, Member | | 
