By Sri.M.P.Chandrakumar, Member :
The case of the complainant is that he is a No. 9 passbook holder of the monthly deposit scheme , started by the opposite party from 8-03-14 , the sala being Rs.20 lakhs, the monthly installment being Rs.10,000/- and ending on 8-06-2022. The kuri has been awarded in the name of the complainant in the 13thdraw held on 9-03-15.The complainant’s mother is subscriber no .8 of the scheme. On 10-03-15, the complainant’s parents approached the opposite party and informed that they are ready to remit the dues in the kuri. But, the opposite party refused to accept the amount. The complainant, who was abroad, reached home on 16-03-15 and approached the opposite party with a request for an application form to apply for the amount, the opposite party refused to give the form, telling several excuses. When the complainant send a lawyer notice dated 13-03-15 and after several requests, the opposite party informed that the meeting of the director board will be convened soon and decision taken in the matter. However, when the complainant approached the opposite party on 23-03-15, the opposite party informed that the amount cannot be paid. The complainant therefore filed a petition in the matter before the Assistant Registrar, Irinjalakuda but of no remedy. No reply has been received in response to the lawyer notice issued. According to the complainant, since it is a deposit scheme, there is no forfeiture and hence the opposite party has no power to forfeit the membership of the complainant. The complainant is eligible to get Rs.9, 50,000/- after reducing commission of Rs.50,000/-.The complainant had already approached the opposite party to clear all his dues. Even now, he is ready to clear all dues. Considering all the above, the prayer is to direct the opposite party to pay him Rs.9, 50,000/- with interest, in addition to compensation and costs.
2.In the version filed, the opposite party states that as per sub-clause 13, the subscribers who have defaulted more than three installments continuously has no eligibility to continue in the scheme. Accordingly, the draw was to be conducted, excluding the name of the above type of defaulters. The process of excluding the name of defaulters, including the name of the genuine subscribers and conducting the draw are held in the presence of the depositors in a hall. The complainant had defaulted 6 installments on the date of the draw. As such, the name of the complainant was to be excluded from the draw. But, by mistake, the name was included.
3.The points for consideration are
1. Is there any deficiency of service or unfair trade practice on the part of the opposite party?
2. If so, compensation and cost.
4.Evidence consists of oral testimony of PW1 & PW2.The complainant has filed proof affidavit and additional proof affidavit and 17 documents marked as Exts. P1 to P17. The opposite party has filed counter proof affidavit and21 documents marked as Exts. R1 to R21. Ext.P1 is the copy of the pass book in original; Ext. P2, marked subject to proof , is stated to be the copy of the notice published in respect of the details of kuri prized on 20-02-15 & 9-03-15;Ext.P3 is the copy of the lawyer notice of the complainant to the opposite party dated 13-05-15; Ext.P4 is the postal receipt; Ext.P5 is the A/D card; Ext.P6 is the copy of the petition dated 23-03-15 of the complainant to the Assistant Registrar of co-operative societies; Ext.P7 is the receipt dated 23-03-15 of the A.R of co-operative societies to the complainant, in token of having received the petition;Ext.P8 & P9 are the copies of the CAVEAT O.P filed before the Hon. Munsiff, iringalakuda;Ext.P10 is the reply notice dated 6-04-15;Ext.P11 is the copy of the proceedings no V/742/15 dated 15-05-15 of the A.R of co-operative societies, Mukundapuram; Ext.P12 is the reply no.790/15 / 6-05-15 of the A.R of co-operative societies, Mukundapuram under R.I. Act to Sri.Wilson, Kottanellur P.O; Ext.P13 is the copy of the Bye-law of the society;Ext.P14 is the copy of the notice of R1 dated nil of the conducting of the draw of kuriagain;Ext.P15 is the power of attorney;Ext.P16 is the copy of the judgment dated 27-06-16 of the Hon. High Court of Kerala; Ext. P17 is the copy of the W.P.(C) dated 20-05-15 filed by the opposite party before the Hon. High Court; Ext.R1 is the application dated 14-02-14 of the complainant ; R2 is the copy of concerned page of the ledger containing the entries; R3 is the copy of the reply notice dated 6-04-15 ; R4 & R5 are the postal receipts; R6 & R7 are the A/D cards ; R8 is the copy of the judgment dated 27-05-15 of the Hon’ble High Court in WPC- 15029/2015 C ; R9 is the copy of the judgment dated 24-06-15 in WPC-15029/15 C of Hon’ble High Court; R10 is the copy of the orders of the Assistant Registrar Mukundapuram dated 15-05-15, communicated vide V-3117/16/3-11-16; R11 is the copy of the minutes of the Director board dated 13-06-15; R12 is the application dated 1-08-15 for accepting the amount along with bond and voucher dated 1-08-15 of Sri.Sreejith, holder of pass book no.178; R13 is the copy of the sub-clauses of the deposit scheme; R14 is the copy of the orders no. M.U.432/15 dated 25-04-15 of the A.R. of co-operative societies, Thrissur, approving the sub-clauses of the scheme; R15 is the orders No.V/1270/15/22-02-16 of the A.R. of co-operative societies , Mukundapuram , approving the deposit scheme; R 16 is the copy of the minutes of the Director board dated 14-12-13; R17 is the copy of the minutes of the Board of Directors dated 28-03-15; R18 is the copy of the result of the draw on 9-03-15, published on 10-03-15; R19 is the copy of the ledger in respect of Smt.Mariyamma, w/o Sri. Vincent; R20 is the copy of the ledger of dues in respect of the complainant; R21 is the copy of the ledger of dues in respect of Smt.Mariyamma.
5.It can be seen that the prayer of the complainant is to direct the OP to accept the defaulted installments from him and also to give the prized amount , with interest. As against this prayer, the argument of the opposite party is that the complainant has already defaulted six installments. This is against sub-rule 13 (Ext. P1) of the Deposit scheme pass book which states that ‘’മൂന്നില് കൂടുതല് തവണകള് തുടര്ച്ചയായി മുടക്കം വരുത്തുന്ന നിക്ഷേപകന് ഈ പദ്ധതിയില് തുടരുന്നതിന് അര്ഹതയുണ്ടായിരിക്കുന്നതല്ല.’’.The opposite party further argues that the complainant himself has admitted in his application dated 14-02-14 (Ext. R1) as follows ‘’ 2014 മാര്ച്ച് 8 മുതല് തുടങ്ങുന്ന 2000000 രൂപ സലയുള്ള ഒന്പതാം നമ്പര് പ്രതിമാസ നിക്ഷേപ പദ്ധതിയുടെ നിബന്ധനകള് ഞാന് വായിക്കുകയും അതിലെ വ്യവസ്ഥകളെ പൂര്ണ്ണമായും സമ്മതിക്കുകയും ചെയ്ത് ഞാന് ഈ schemeഇല് ഒരു നറുക്ക് ചേര്ന്ന് ആദ്യ ഗഡുവായ 10000 രൂപ അടച്ചിരിക്കുന്നു.’’.It is thus clear that the complainant has read, admitted and agreed all conditions of the scheme. As such, by defaulting six consecutive installments, the complainant is in-eligible and disentitled to continue as a subscriber of the scheme. That means the complainant is not eligible to be included in the subscribers list and to claim the amount. But, by an inadvertent mistake from the part of the society, the complainant’s token number was included in the list of subscribers eligible to be considered for the lot , lot taken and the name in the lot was that of the complainant. However, on the next day itself, the Secretary traced the mistake and thus the opposite party, as per the decision of the Director Board, decided to conduct the lot afresh on 8-04-15. This was done, observing all formalities and in the light of the decision of the Hon’ble High Court in WP(C) 15029/15 dated 27-05-15 & 24-06-15 against the orders of the forum in I.A- 253/15. The opposite party, thus, is of the argument that there is no deficiency of service, breach of service and violation of agreement committed from the side of the opposite party society.
6.We have gone through the complaint, the argument of both sides and all available records. It is an admitted fact that the complainant is a defaulter of the scheme for more than six months. That is not because of any fault of the opposite party. The disputed scheme is having its own rules and regulations and all subscribers are bound to obey them. The complainant joined the scheme, admitting all rules and regulations. Therefore, we are of the opinion that the complainant has to follow those rules and regulations. We can’t interfere in those rules and regulations. We further believe that the complainant has not succeeded in proving that he, who has failed in remitting the six installments in time, is eligible for the amount claimed .We thus do not believe that the action on the part of the opposite party is deficiency of service, breach of service and violation of the rules of the scheme. Considering the above, we are bound to dismiss the complaint.
7.In the result, the complaint stands dismissed.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 22nd day of December 2018.
Sd/- Sd/-
M.P.Chandrakumar P.K.Sasi,
Member President.
Appendix
Complainant’s Exhibits
Ext.P1 copy of the pass book in original;
Ext. P2(SP) copy of the notice on 20-02-15 & 9-03-15;
Ext.P3 copy of the lawyer notice dated 13-05-15;
Ext.P4 postal receipt;
Ext.P5 A/D card;
Ext.P6 copy of the petition dated 23-03-15
Ext.P7 Receipt dated 23-03-15
Ext.P8 & P9 - copies of the CAVEAT O.P filed before the Hon. Munsiff, Iringalakuda;
Ext.P10 Reply notice dated 6-04-15;
Ext.P11 copy of the proceedings no V/742/15 dated 15-05-15
Ext.P12 Reply no.790/15 / 6-05-15
Ext.P13 copy of the Bye-law of the society;
Ext.P14 copy of the notice of R1 dated nil
Ext.P15 power of attorney;
Ext.P16 copy of the judgment dated 27-06-16
Ext. P17 copy of the W.P.(C) dated 20-05-15
Complainant’s witnesses
PW1 – Wilson
PW2 – Mariamma Wilson
Opposite Party’s Exhibits
Ext.R1 Application dated 14-02-14 of the complainant ;
Ext.R2 copy of concerned page of the ledger containing the entries;
Ext.R3 copy of the reply notice dated 6-04-15 ;
Exts.R4 & R5 - postal receipts;
Exts.R6 & R7 - A/D cards ;
Ext.R8 copy of the judgment dated 27-05-15
Ext.R9 copy of the judgment dated 24-06-15
Ext.R10 copy of the orders of the Assistant Registrar Mukundapuram Ext.R11 copy of the minutes of the Director board dated 13-06-15;
Ext.R12 Application dated 1-08-15 for accepting the amount
Ext.R13 copy of the sub-clauses of the deposit scheme;
Ext.R14 copy of the orders no. M.U.432/15 dated 25-04-15
Ext.R15 orders No.V/1270/15/22-02-16
Ext.R16 copy of the minutes of the Director board dated 14-12-13;
Ext.R17 copy of the minutes of the Board of Directors dated 28-03-15; Ext.R18 copy of the result of the draw on 9-03-15,
Ext.R19 copy of the ledger in respect of Smt.Mariyamma,
Ext.R20 copy of the ledger of dues in respect of the complainant;
Ext.R21 copy of the ledger of dues in respect of Smt.Mariyamma
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Member
