DISTRICT CONSUMER DISPUTES REDRESSAL FORUM<br /> Civil Station, Palakkad – 678 001, Kerala<br /> <br /> Dated this the 28th day of September, 2007<br /> <br /> Present: Prof.O.Unnikrishnan, President (I/C)<br /> Mrs.K.P.Suma, Member <br /> C.C.No.51/2006<br /> M.Prabhakaran,<br /> S/o.Madhavan,<br /> Parakulam,<br /> Nallepully, Palakkad. - Complainant <br /> <br /> Vs.<br /> 1.L.Unniyappan,<br /> S/o.Lakshmana Mannadiar,<br /> President, Jalasree Kudivella Padhathi, <br /> ATM Nagar, Nalepully, Palakkad.<br /> <br /> 2.K.Muthu,<br /> Secretary, Jalasree Kudivella Padhathi, <br /> ATM Nagar, Nalepully, Palakkad. <br /> <br /> 3.A.Ramachandran,<br /> Treasurer, Jalasree Kudivella Padhathi, <br /> ATM Nagar, Nalepully, Palakkad. - Opposite parties <br /> <br /> O R D E R<br /> <br /> <br /> By Prof.O.Unnikrishnan, President (I/C)<br /> <br /> Complainant's case in brief is as follows:<br /> <br /> On 15.04.2006 the complainant paid Rs.1,100/- and became the member in the Jalasree Kudivella Padhathi and he has been the treasurer of the Jalasree Kudivella Padhathi till 16.01.2006. As the Samithi was not going on proper way the complainant resigned from the post of treasurer. Complainant <br /> <br /> submits that on 26.01.06 he sent a letter to the opposite parties requesting them to disconnect his water connection and to refund the membership fee. Since there was no response from the opposite parties' side the complainant sent another letter to opposite parties on 24.02.06 under certificate of postings. He alleges that he has neither received reply nor the deposited amount till date. He further alleges that the said Samithi has failed to perform <br /> its duties. Complainant alleges that the acts of opposite parties are amounted to deficiency of service and hence they are liable to compensate the complainant for the sufferings, mental agony etc sustained by him. Hence complainant approached this forum seeking an order directing the opposite parties to refund Rs.1,100/- the amount deposited towards membership fee and Rs.1,000/- towards compensation for the sufferings and mental agony.<br /> <br /> After admitting the complaint notice was served to the opposite parties for their appearance and version. Opposite parties appeared and filed their version denying all the allegations raised by the complainant. Opposite parties admitted that the complainant was a member of the Samithi and the allegation of the complainant that functioning of the Samithi was not proper and genuine is fabricated for defaming the reputation of the opposite parties. They averred that the complainant himself resigned the treasurer post of the Samithi voluntarily and the same was accepted by the General Body. It was also contented that the members in the Samithi are bound to follow the bye law and the complainant is well aware of the same. They also submit that the complainant is deliberately troubling them by filing this complaint. It was further stated that as per the Provisions of the Bye law membership fee shall not be refunded and hence the Samithi is not liable for the same. Moreover, the General Body is the sole authority to take any decision regarding the matter. Opposite parties allege that the complainant has filed the complaint <br /> <br /> with malafide intention. It is prayed before the forum to accept their contentions and to dismiss the complaint with compensatory costs.<br /> <br /> Both parties filed affidavits as well as questionnaires and answers. Exts.A1 and A2 marked on the side of complainant and Exts.B1 to B5 were marked on the side of opposite parties.<br /> <br /> Heard the parties.<br /> <br /> It is an admitted fact that the complainant was a member and treasurer of the Jalasree Kudivella Project. It is evident from the Exbt.A1 and A2 that he had paid Rs.1,100/- towards membership fee. It is clear from the affidavit filed by the complainant that he had resigned from the committee and demanded for the refund of membership fee. The contention of the opposite party is that the complainant is not eligible for refund of the membership since he has resigned the membership voluntarily without any reasons. <br /> <br /> We are of the view that the interest of justice cannot be defeated by the rule of technicality. The technicalities of rules and procedures cannot stand on the way of rendering justice to the members of the Jalasree Kudivella Project. The provision of refund is vested with the General Body in accordance with Rule V9 of the Bye law. It is noticed that the General Body has ample powers to discuss and decide regarding the matter of refund. From the above context, the complaint is disposed of with a direction to convene a General Body meeting for an appropriate decision within one month from the date of communication of this order. Both the parties shall bear their respective costs. <br /> <br /> <br /> Pronounced in the open court on this the 28th day of September, 2007 <br /> <br /> President I/C (Sd)<br /> <br /> Member (Sd)<br /> Appendix<br /> Exhibits marked on the side of complainant <br /> Ext.A1 – Receipt of Membership fee for Rs.1,000/-<br /> Ext.A2 – Additional subscription receipt<br /> Exhibits marked on the side of opposite parties<br /> Ext.B1 – Bye law<br /> Ext.B2 – Copy of the minutes<br /> Ext.B3 (Series) – Feasibility certificates (2 in Nos.)<br /> Ext.B4 – Letter issued by District Collector through Kudumbhasree Unit<br /> Ext.B5 – Registration certificate<br /> Costs (not allowed)<br /> <br /> Forwarded/By Order, <br /> Sd/-<br /> Senior Superintendent