Karnataka

Mysore

CC/181/2019

K.V.Jyothi - Complainant(s)

Versus

KSRTC Staff and Workers Credit Co-operative Society (Ltd.,) - Opp.Party(s)

INPERSON

05 Aug 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM MYSURU
No.1542 F, Anikethana Road, C and D Block, J.C.S.T. Layout, Kuvempunagara,
Kuvempunagara, (Behind Jagadamba Petrol Bunk), Mysuru-570023
 
Complaint Case No. CC/181/2019
( Date of Filing : 05 Apr 2019 )
 
1. K.V.Jyothi
W/o Late Raviprakash, No.233, Uttaradhimatada Road, 3rd Cross, Khille Mohalla, Mysuru-570004.
...........Complainant(s)
Versus
1. KSRTC Staff and Workers Credit Co-operative Society (Ltd.,)
KSRTC Staff and Workers Credit Co-operative Society (Ltd.,), Bannimantapa Hudco, Mysuru-15.
2. Accountant Officer
Accountant Officer, KSRTC Ltd., City Transport Division, Mysuru-15.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE C.V MARGOOR PRESIDENT
 HON'BLE MR. Devakumar M.C MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 05 Aug 2019
Final Order / Judgement

 

 

 

 

 

 

Complainant called out absent.

    This complaint is filed by Smt.K.V.Jyothi aged 43 years wife of late Raviprakash resident of Mysuru to direct the opposite parties KSRTC Staff and Workers Credit Co-operative Society Ltd., Mysuru and KSRTC City Transport Division, Mysuru to pay Rs.1,50,000/- as her husband’s death relief fund with interest at the rate of 18% p.a. from 09.01.2016 till payment, litigation cost of Rs.10,000/- and damages of Rs.50,000/- for mental agony.

    It is the case of complainant that her husband late Raviprakash was working as Conductor under OP No.2 and he was member of OP No.1.  During service the husband of the complainant was passed away on 09.01.2016.  But as per By-laws of OP No.1 society has failed to pay death funeral expenses of Rs.10,000/- and other expenses total a sum of Rs.1,25,000/- as death relief fund.  The opposite parties have replied that the deceased has not contributed membership fee from September 2015 till his death i.e. December, 2015 as such, she is not entitled for death relief fund.

     The complainant immediately after the death of her husband has submitted representation to the Joint Registrar of Co-operative Society, Mysuru Region, Mysuru on 04.08.2016 to direct the opposite parties to pay her husband’s death relief fund.  The Joint Registrar of Co-operative Society, Mysuru have directed the OP No.1 vide letter dated 29.09.2016 to consider the representation of complainant.  Prior to this that the complainant has sent representation to the OP No.1 on 30.01.2016 and 25.04.2016.  These correspondences indicate that the cause of action has arose to the complainant to file this complaint in the month of January, 2016 itself, but this complaint has been filed on 04.04.2019 two years after the expiry of limitation period as per Section 24(A) of C.P.Act, 1986.  The complaint is liable to be dismissed on two grounds, first already she has approached the Joint Registrar of Co-operative Society, Mysuru Region, Mysuru since the OP No.1 is a registered Co-operative Society. Secondly the complaint has been filed two years after the expiry of cause of action which arose in the month of January, 2016.  For the forgoing reasons, we proceed to pass the following;

ORDER

The complaint is dismissed as it is not maintainable.

Furnish the copy of order to the complainant at free of costs.

 

 

 

 
 
[HON'BLE MR. JUSTICE C.V MARGOOR]
PRESIDENT
 
[HON'BLE MR. Devakumar M.C]
MEMBER

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