KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPRUAM APPEAL NO.382/01 JUDGMENT DATED 4/9/08 PRESENT:- JUSTICE SRI.K.R.UDAYA BHANU : PRESIDENT SMT.VALSALA SARANGADHARAN : MEMBER SRI.M.K.ABDULLA SONA : MEMBER The Manager, District Co-operative Bank, Nedumangad Branch, Nedumangad. : APPELLANT (By Adv.S.Reghukumar) Vs Gopinathan Nair, Kunnumpurathu Veedu, : RESPONDENT Poovathoor, Nedumangad. JUDGMENT SRI.M.K.ABDULLA SONA : MEMBER This appeal prefers from the order dated 26.3.2001 passed by CDRF, Thiruvanantapuram in OP.No.250/00. The appellant is the complainant in the above OP. 2. The brief of the case is that the complainant applied for a loan for Rs.50,000/- and it was sanctioned by the opposite party. The allegation of the complainant is that after sanctioned the loan the opposite party is the Manager of the District Co-operative Bank, Nedumangadu is deliberately refusing to disburse the amount without production of the ration card. 3. The opposite party had filed his counter and he has contending that the complainant is not coming under the purview of the Consumer Protection Act. The apposite party admits the fact that the complainant is a member of the bank having Savings Bank Account No.11578. The opposite party points out that the complainant has not produced his independent ration card, or the ration card containing his name. The Forum below examined the complainant as PW1 and Exts.P1 to P5 were marked the documentary evidence from the part of the complainant. There is no witness or documents produced before the Forum from the part of the opposite party. 4. The counsel for the appellant vehemently argued that the Forum below is not having the jurisdiction to settle this dispute. He pointed out that this complaint is bar by the Section 69 of the Co-operative Societies Act. He again admits that the complainant is a member of the bank and on production of the ration card which is either the complainant’s independent card or the card containing his name the amount will be disbursed. The argument like the Forum below is not having the original jurisdiction to settle this dispute is not legally sustainable. There is no doubt that the Forum below is having jurisdiction to try this matter. 5. On the basis of the undertaken of the counsel for the appellant before this Commission we direct the respondent/ complainant to produce the complainant’s independent ration card or the card containing his name only before the Forum below within one month from the receipt of this copy of judgment. After the production of this ration card containing the name of the complainant or his independent ration card the appellant is directed to disburse the amount within one week. We modified the order passed by the Forum below and the order of the compensation of Rs.500/- and cost of Rs.s500/- is set aside. In the result the appeal is partly allowed and the order to pay compensation of Rs.500/- and cost of Rs.500/- are set aside. The points are answered accordingly. The parties are directed to suffer their respective costs. M.K.ABDULLA SONA : MEMBER JUSTICE K.R.UDAYA BHANU : PRESIDENT VALSALA SARANGADHARAN : MEMBER Pk.
......................JUSTICE SHRI.K.R.UDAYABHANU
......................SMT.VALSALA SARNGADHARAN
......................SRI.M.K.ABDULLA SONA | | 
