By Smt. C.S. Sulekha Beevi, President,

1. Complainant is aggrieved that the amount of Rs.11,000/- deposited in his account held with Othukungal Co-operative Urban Bank Ltd. has not been repaid to him till date.

2. First and second opposite parties are one and the same person impleaded in different capacities. Version was filed by first opposite party admitting that there is a cash balance of Rs.11,100/- in the savings bank account held by the complainant in the said bank. It is further stated that S.B. A/c carries interest @ 4% and an amount of Rs.297/- is also credited into the account as interest till 31-01-2006. Opposite party submits that the said Bank has not been made a party and that the complaint is bad for non-joinder. Admitting to be the Chairman of the governing body, it is stated that opposite parties do not have any personal liability. That the liabilities and duties of the Directors of the Bank are specified in the Kerala Co-operative Societies Act and Rules. It is also stated that complainant is free to withdraw the amount. The other allegations are denied as false. That there is no deficiency in service. First opposite party expired during the pendency of the proceedings. His death, however does not cause the complaint to abate since the right to sue survives against others.

3. Third opposite party was set exparte on 05-4-2008. Fourth opposite party filed version stating that the Bank has been registered under the Co-operative Societies Act. Day to day affairs of the bank were conducted by it's governing body. That no complaint was lodged by the complainant before the Co-operative Department or before the Joint Registrar of Co-operative Societies. It is submitted that fourth opposite party is an unnecessary party who has been impleaded without any basis. That fourth opposite party is not in any way liable to satisfy the relief claimed in the complaint.

4. Supplemental opposite party No.5 to opposite party No.12 were impleaded as per orders dated, 14-8-2008 in I.A.297/08. They were impleaded being the Vice Chairman and remaining members of the Director Board. They filed a combined version, stating that the Bank has stopped functioning and is under the process of closure. It is submitted that proceedings regarding the closure/winding up are pending before the Assistant Registrar of Co-operative Societies, Tirur. That complainant has to resort to the provisions of co-operative Societies Act to claim the amount payable to him. That Opposite parties do not have any personal liability and that complainant is not entitled to any reliefs as claimed.

5. Opposite party No.13 which is the Bank was impleaded as per orders dated, 18-6-2009 in I.A.297/09. Notice issued to opposite party No.13 bank was returned as 'Shutter locked'. Notice was thereafter effected through substituted service by publication. Opposite party No.13 remained absent and was set exparte.

6. Evidence consists of the affidavit filed by complainant and Exts.A1 and A2 marked for him. Opposite party No.5 to opposite party No.12 filed joint counter affidavit and opposite party No.4 filed separate counter affidavit. No documents for opposite party.

7. The claim of the complainant regarding deposit of amount is admitted. The only question that possess for consideration is regarding the fixation of liability. Opposite party No.5 to Opposite party No.12 are the members of the Director Board. Their liability is limited to the shares held by them. But the shares of a member in the capital of a society is not liable to attachment or sale. Consequently the amount has to be repaid from the assets of the Bank who is Opposite party No.13 in the case. Fourth opposite party has filed counter affidavit stating that since the members of the governing body resigned a part-time administrator on adhoc basis has been appointed on 26-12-2008. That the Bank has subsequently amended it's byelaw and has been renamed as Othukungal Urban Sahakarana Sangham Ltd. It is stated that the Co-operative inspector of Vengara has taken charge as administrator. It is also stated that only after receiving report under Sec.66 of Co-operative Act, the assets and liabilities can be finalised. On such circumstances the liability has to be fixed on Opposite party No.13 which is the Bank. We hold that Opposite party No.13 is liable to repay Rs.11,397/- (11,100 + 297) to the complainant with 4% interest per annum from 01-02-2006 till payment. Complainant is at liberty to approach the administrator/liquidator for satisfaction of such claim.

8. In the result, we allow the complaint and order that Opposite party No.13 shall pay to the complainant Rs.11,397/- (Rupees Eleven thousand three hundred and ninety seven only) @ 4% interest per annum from 01-02-2006 till payment within one month from the date of receipt of copy of this order.

Dated this 19th day of October, 2009.

Sd/-

C.S. SULEKHA BEEVI, PRESIDENT

Sd/-

MOHAMMED MUSTAFA KOOTHRADAN, Sd/-

MEMBER E. AYISHAKUTTY, MEMBER

APPENDIX

Witness examined on the side of the complainant : Nil

Documents marked on the side of the complainant : Ext.A1 and A2

Ext.A1 : Photo copy of the pass book given by 13^th opposite party to complainant.

Ext.A2 : True copy of the registered Lawyer notice with acknowledgement card

dated, 28-10-2005 issued by complainant's counsel to first opposite party.

Witness examined on the side of the opposite parties : Nil

Documents marked on the side of the opposite parties : Nil

Sd/-

C.S. SULEKHA BEEVI, PRESIDENT

Sd/-

MOHAMMED MUSTAFA KOOTHRADAN, Sd/-

MEMBER E. AYISHAKUTTY, MEMBER