Kerala

Idukki

CC/108/2022

Laalichen Isac - Complainant(s)

Versus

Kerala building & Other Constriction Workers Board - Opp.Party(s)

21 Dec 2022

ORDER

DATE OF FILING : 30/06/2022

IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, IDUKKI

Dated this the 21^st day of December 2022

Present :

              SRI.C.SURESHKUMAR                                               PRESIDENT

              SMT.ASAMOL P.                                                          MEMBER

              SRI.AMPADY K.S.                                                        MEMBER

CC NO.108/2022

Between

Complainant                            : Lalichan Issac,

                                                   Kizhakkancheril House,

                                                   Prakash P.O., Kiliyarkandam,

                                                   Idukki District, Pin – 685 609.

                                                          And

Opposite Party                                     :Kerala Building and construction

                                                                              Workers Welfare Board,

                                                              Near Pappootty Hall, Thodupuzha P.O.,

                                                              Idukki District, Pin – 685 584.

 

                                                      O R D E R

 

SRI.AMPADY K.S., MEMBER

 

Allegations raised in the complaint against opposite party are as under:-

 

1 . Complainant had taken membership in Kerala Building and other Construction Workers Welfare Board, Thodupuzha on 23/03/1996 and ID/6887 was issued by opposite  party.  He had been renewing membership by paying  his monthly subscription promptly.

 

2 . But during 1997-2000 he applied for loan for the purpose of construction of house and necessary documents were submitted.  Thereafter he has not received any intimation or loan.  But in July 2018 he received a notice from opposite party and he had filed reply also.  No reply has been received from opposite party for the reply given by him.  Though he had sent letters several times, no reply was received by him.  Besides, he could not remit monthly subscription or received any benefit  from  the  opposite  party.   Now  he  cannot  renew  the  welfare  fund

 

 

                                                                                                 (Cont….2)

-2-

membership and cancelled the same.  He has only applied for loan but no loan was sanctioned.  When he got notice, due to Covid pandemic he could not go to office of opposite party and he enquired with the opposite party over phone and they informed that he has taken the loan.

 

3 . The demand was of loan amount which was not obtained by him and for that reason he could not renew the membership and thereby he is not in a position to get pension and other benefits also.  Due to the denial of membership and illegal demands of loan amount which was not taken, he is entitled to be compensated for the loss and also to renew his membership. 

 

Opposite party filed written version as follows:-

 

 Complainant herein is a member of the opposite party board from 1996 onwards.  As part of sanctioning benefits to its members, it allowed housing loan to them during 1997-2022.  Applications for said loan were received from members in concerned district offices and the loan was sanctioned from the Chief Office of opposite party Board.  In the light of directions received for the recovery of loan amounts in arrears and based on the list received in respect of defaulters from the Chief Office, they have issued letter.  Due to the inadvertent clerical mistake happened at the time of preparing the arrear letters, said letter  requesting to remit the arrear was issued.  In the light of application  received from the complainant that though he had applied for the loan, but it was not sanctioned, no further demands or letters were issued from the office of opposite party.  On receipt of notice from the Commission, they have sent letter to State Office of opposite party to clarify whether the housing loan was allowed to complainant, it is informed from state office that no housing loan was sanctioned to him.  There was no bar to remit monthly subscription or to renew his membership in the welfare fund till date.  Complainant may remit the arrear subscription and can renew his membership also.

 

 After filing of the complaint, he has not attended before this Commission or represented.  Opposite party was represented on each posting through authorized representative.  Though specific direction was given on 16/08/2022 that parties to be present without fail on 13/09/2022, complainant was not present.  Thereafter

 

 

 

                                                                                                 (Cont….3)

-3-

 

when the case was posted for evidence also, complainant was not present or represented.  This shows that complainant is not interested in prosecuting the matter.  In the above circumstances, this complaint is disposed of based on merits and materials available on record.

 

Complainant has produced copy of 3 documents which were marked as Ext.P1 to Ext.P3 respectively as follows.

 

1 . Ext.P1 – Copy of track consignment of postal department of speed post No.EL598362226IN showing the status of consignment as delivery confirmed on 11/04/2022 with copy of letter dated 08/04/2022 stated to be sent by complainant to the District Executive Officer of opposite party.

 

2 . Ext.P2 – Copy of letter dated 25/07/2018 issued by District Executive Officer, Idukki of the opposite party Board to the complainant.

 

3 . Ext.P3 – Copy of pass book in respect of complainant’s membership in the welfare fund with yearly subscription.

 

 Opposite party filed proof affidavit which was read in evidence.  It is seen that opposite party filed  copy of postal cover showing the postal endorsement that “addressee refused.  So returned to sender” and copy of letter dated 11/08/2022 sent by Secretary of the Board to District Executive Officer, Idukki along with copy of written version.

 

Heard, representative of opposite party.

 

We have examined the pleadings of both sides and the documents produced.  On going through the same, the following points arise for consideration.

 

1 . Whether there is deficiency in service on the part of opposite party and if so, for what reliefs the complainant is entitled to?

 

2 . Litigation costs?

 

 

 

                                                                                                 (Cont….4)

-4-

 

Point No.1

 

Main allegation of the complainant is that he got notice requiring to remit arrears of a housing loan which was not sanctioned to him and for that reason he could not renew his membership in the welfare fund and deprived of benefits of the scheme.  His apprehension seems to be from the silence on the part of opposite party to give reply to the letter filed by him.  There is no evidence on record to show that complainant had contacted opposite party prior to the sending of letter dated 08/04/2022.  At the same time, it is the duty of a public office to give reply to a complaint or letter received like this which not seen done in this case prior to the notice issued from this Commission.  However, opposite party has submitted before this Commission that complainant has not taken loan in issue on further verification of records with state office.  Opposite party has also submitted that complainant is entitled to renew his membership and pay the subscription with arrears as prescribed by law.

 

Considering all these aspects we are of the view that there are no issues as regards the renewal of membership of complainant and also to remit arrear subscription.  The earlier act of opposite party in not responding to letter sent by complainant is now seen resolved on the basis of undertaking of opposite party.  Hence we find that though deficiency in service is there in not timely responding to letter sent by complainant, in the light of opposite party’s submissions, we consider it necessary only to issue a direction to opposite party to renew membership and allow other benefits to the complainant if any as prescribed by law if he remits the necessary arrear subscriptions as prescribed within one month from the date of receipt of this order. Hence point No.1 is answered accordingly.

 

Point No.2

 

Considering the facts and circumstances of the case, there will be no order as to costs.

 

In the result complaint is allowed partly without costs with direction to opposite party to renew membership and allow other benefits if any to the complainant as prescribed by law if he remits the necessary arrear subscriptions as prescribed within one month from the date of receipt of this order.

 

                                                                                                 (Cont….5)

-5-

 

If opposite party fails to do so as directed, complainant will be entitled to execute this order as per law.

 

Extra copies to be taken back by parties without delay.

 

 Pronounced by this Commission on this the 21^st day of December, 2022.

 

                                                                                       Sd/-

                                                                              SRI.AMPADY K.S., MEMBER                                                                                      

                                                                                        Sd/-                                                                       

                                                                        SRI.C.SURESHKUMAR, PRESIDENT

                                                                                                 Sd/-

                                                                              SMT.ASAMOL P., MEMBER  

                                                                                      

APPENDIX

Depositions :

On the side of the Complainant :

Nil

On the side of the Opposite Party :

Nil

Exhibits :

On the side of the Complainant :

Ext.P1 - Copy of track consignment of postal department of speed post

              No.EL598362226IN showing the status of consignment as delivery                   

               confirmed on 11/04/2022 with copy of letter dated 08/04/2022 stated to

               be sent by complainant to the District Executive Officer of opposite party.

Ext.P2 - Copy of letter dated 25/07/2018 issued by District Executive Officer,

              Idukki of the opposite party Board to the complainant.

Ext.P3 - Copy of pass book in respect of complainant’s membership in the welfare

             fund with yearly subscription.

On the side of the Opposite Party :

Nil       

                                                                                                    Forwarded by Order

 

                                                                                            

                                                                                         ASSISTANT REGISTRAR