KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM APPEAL NO: 461/2009 JUDGMENT DATED:23..04..2010 PRESENT JUSTICE SHRI.K.R.UDAYABHANU : PRESIDENT SHRI.M.K. ABDULLA SONA : MEMBER K.K.Govindan, Soubhagya Nivas, : APPELLANT P.O.Malur, Thalassery Taluk, Kannur. (By Adv:Sri.Narayan.R & V.Binoy Ram) Vs. 1. General Manager, Kannur District Co-operative Bank, P.O.Mattannur, Kannur. : RESPONDENTS 2. Manager, Kannur District Co-operative Bank, P.O.Mattannur, Kannur. (By Adv:Sri.C.S.Rajmohan) JUDGMENT JUSTICE SHRI.K.R.UDAYABHANU: PRESIDENT The appellant is the complainant in OP:92/2004 in the file of CDRF, Kannur. The complaint stands dismissed. 2. The complaint is filed for realization of a sum of Rs.40,773/- with interest, compensation and costs. It is the case of the complainant that the property mortgaged for availing a loan from the opposite parties have been sold in auction and the balance of sale proceeds amounted to the amount claimed in the petition, after satisfying the loan debt. 3. The opposite party had contended that the sale did take place although the Assistant Registrar of Co-operative Societies had fixed the action date. According to the opposite parties the sale could not take place as the complainant sought for time for remitting the amount etc. We find that it was found that the sale had not taken place and hence the complaint was dismissed. 4. The appellant has no specific case that the sale as per the proceedings of the Joint Registrar of Co-operative Societies has taken place. Hence we find that there is no illegality in the order of the Forum. The appeal is dismissed. Office is directed to forward the LCR to the Forum urgently. JUSTICE K.R.UDAYABHANU: PRESIDENT VL. M.K. ABDULLA SONA : MEMBER | 
