Kerala

StateCommission

A/10/61

Secretary, Sulthan Bathery Service Co-op. Bank Ltd. - Complainant(s)

Versus

P.P.Mathai - Opp.Party(s)

Sreekanth.S.N

30 Mar 2010

ORDER

First Appeal No. A/10/61
(Arisen out of Order Dated 30/10/2009 in Case No. CC 57/09 of District Wayanad)
1. Secretary, Sulthan Bathery Service Co-op. Bank Ltd. ...........Appellant(s)

Versus
1. P.P.Mathai ...........Respondent(s)

BEFORE :
HONORABLE JUSTICE SHRI.K.R.UDAYABHANU PRESIDENT
PRESENT :

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ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL 

     COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

 

             APPEAL  NO:61/2010

                              JUDGMENT DATED:30..03..2010

 

PRESENT

 

JUSTICE SHRI.K.R.UDAYABHANU                :  PRESIDENT

 

1.The Secretary,

  Sulthan Bathery Service Co-operative Bank,

  Cheral Branch, Wayanadu District.

                                                                                                : APPELLANTS

2.The Secretary,

  Sulthan Bathery Service Co-operative Bank,

  Sulthan Bathery Branch, Wayanadu District.

 

(By Adv: Sri.Sreekanth.S.N)

 

                        Vs.

1.P.P. Mathai, S/o Paily,

  Palethumolel House,

  Indira Nagar Housing Colony,

  Manichira, Poomala.P.O,

  Sulthan Bathery Taluk, Wayanadu District.

                                                                                                : RESPONDENTS

2.Chinnamma Mathai, W/o Mathai,

  Palethumolel House,

  Indira Nagar Housing Colony,

  Manichira, Poomala.P.O,

  Sulthan Bathery Taluk, Wayanadu District.

 

                                                JUDGMENT

 

JUSTICE SHRI.K.R.UDAYABHANU:  PRESIDENT

 

The appellant is the opposite party/Bank in CC:57/09 in the file of CDRF,Wayanadu.  The appellant is under orders to refund Rs.70,000/- with interest at the rate of 8% to the complainant.

 2. It is the contention of the complainant that the benefit of order of the Kerala State Farmers Debt Relief Commission, Thiruvananthapuram granting a relief of Rs.70,000/- was not provided by the opposite party.

3. It is the case of the opposite party/appellant is that they had not received the order of the Debt Relief Commission.

4. The evidence adduced consisted of PW1, OPW1, Exts.A1 to A3, Exts.B1 to B8 and Ext.X1.

5. It is seen from the order of the Forum that the opposite party admitted that they are bound by the orders of the Debt Relief Commission.  We find that Ext.X1 is the copy of the order of the Debt Relief Commission.  Hence the opposite party/appellant cannot plead ignorance of Ext.X1 order.  In the circumstances we find that there is no scope for admitting the appeal.  Hence the appeal is dismissed in-limine.

 The office will forward the copy of this order to the Forum urgently.

 

                            JUSTICE K.R.UDAYABHANU:  PRESIDENT

VL.

 

PRONOUNCED :
Dated : 30 March 2010

[HONORABLE JUSTICE SHRI.K.R.UDAYABHANU]PRESIDENT