KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
VAZHUTHACAUD THIRUVANANTHAPURAM
APPEAL NO.137/11
JUDGMENT DATED 31.3.2011
PRESENT
JUSTICE SHRI.K.R.UDAYABHANU -- PRESIDENT
SHRI.S.CHANDRAMOHAN NAIR -- MEMBER
The Branch Manager,
Indian Bank, Vadakarapathy Branch,
1st Floor, Anu Shopping Complex, -- APPELLANT
Kozhinjampara, Chittur Taluk
Palakkad.
(By Adv.S.Sreekumaran Nair)
Vs.
1. Pauli, President,
Gomatha Dairy Unit
W/o Saviour, Door No.10/152,
Mettukada, Kozhippara,
Vadakarapathy, Chittur Taluk.
2. Violet Sahayamary Ruby,
Secretary, Gomatha Dairy Unit
W/o Jacob Thomas, Door No.10/118,
Mettukada Kozhippara,
Vadakarapathy, Chittur Taluk
Palakkad.
3. Santhakumari, Member,
Gomatha Dairy Unit,
W/o Narayanankutty, Door No.10/117,
Mettukada Kozhippara,
Vadakarapathy Chittur Taluk,
Palakkad.
4. Hridhayapushpam, Member,
Gomatha dairy Unit
W/0 Hridhayaswami, Door No.10/146
Mettukada, Kozhippara, Vadakarapathy
Chittur Taluk, Palakkad.
5. K.Kuzhanthai Therasu, Member,
Gomatha Dairy Unit
W/0 Hridhayaswami, Thadikara House,
Door No.10/148,
Mettukada, Kozhippara, Vadakarapathy
Chittur Taluk, Palakkad.
6. Rubi, Member, -- RESPONDENTS
Gomatha dairy Unit
W/o Yesudas Njanamuthan House,
Door No.10/156, Mettukada,
Kozhippara, Vadakarapathy
Chittur Taluk, Palakkad.
7. Gracy
Gomatha dairy Unit
W/0 Joseph, Thadikkaran House,
Door No.10/142, Mettukada,
Kozhippara, Vadakarapathy
Chittur Taluk, Palakkad.
8. Annamma Alees, Member
Gomatha dairy Unit
W/0 Alex Balavendran,
Njanamuthan House, Door No.10/166
Mettukada Kozhippara, Vadakarapathy,
Chittur Taluk, Palakkad.
9. Asanthamary, Member,
Gomatha dairy Unit
W/o Hridayaraj, Vandazhikaran,
Door No.10/144, Mettukada
Kozhippara, Vadakarapathy
Chittur Taluk, Palakkad.
JUDGMENT
JUSTICE SHRI.K.R.UDAYABHANU,PRESIDENT
The appellants are the opposite parties in CC.45/01 in the file of CDRF, Palakkad. The appellants are under orders to pay a sum of Rs.2,000/- each to the complainants and Rs.500/- towards costs.
2. It is the case of the complainants who are members of a Diary Unit run under the Kudumbasree unit that the cows owned by the complainant were not insured by the opposite parties despite the fact that a sum of Rs.1,000/- each was deducted for availing the insurance.
3. The opposite party has contended that insurance was optional and that no amount was deducted towards availing insurance policy.
4. The evidence adduced consisted of the proof affidavit filed by the respective sides and Exts. A1 to A4.
5. It was found that the opposite parties/appellants have not deducted any amount for availing insurance. All the same, the Forum relying on Clause 2.14 of the General Conditions while sanctioning Credit it was held that the appellants were bound to insure the assets. We find that there is no illegality in the order of the Forum. The appellants were bound by the orders of the head office of the bank itself that the assets charged to the bank should be adequately insured and insurance policy with the bank clause shall be lodged with the bank. Hence, we find that there is no illegality in the order of the Forum. All the same, and in view of the fact that no causality has resulted in the case of the complainants the direction to pay compensation at the rate of Rs.2,000/- and cost of Rs.500/- for the 9 complainants appears excessive.
6. In the circumstances, the order of the Forum is modified as follows. The opposite parties/appellants shall pay a sum of Rs.1000/- each to the complainants. The direction to pay cost of Rs.500/- each is set aside. The amount is to be paid within 3 months from the date of receipt of copy of this order, failing which the complainants will be entitled for interest at 12% per annum from 31.3.11 the date of this order.
The office will forward a copy of this order to the Forum.
JUSTICE K.R.UDAYABHANU -- PRESIDENT
S.CHANDRAMOHAN NAIR -- MEMBER
