BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI Dated this the 24th day of August, 2009
Present: SRI.LAIJU RAMAKRISHNAN PRESIDENT SMT.SHEELA JACOB MEMBER SMT.BINDU SOMAN MEMBER
C.C No.33/2009 Between Complainant : Eappan S/o Yohannan, Padippurackal House, Pazhayarikkandam kara, Kanchikuzhi Village. (By Adv: C.K.Babu) And Opposite Parties : 1. Peter S/o Peter, Valavanattu House, Secretaty, Soubhagia S.H.G. No.I/865/2002, Pillacity, Pazhayarikkandam kara, Kanchikuzhi Village. 2. Linesh Kumar, Thadathil House, President, Soubhagia S.H.G. No.I/865/2002, Pillacity, Pazhayarikkandam kara, Kanchikuzhi Village. (Both by Adv: Siby Thomas)
O R D E R
SRI.LAIJU RAMAKRISHNAN(PRESDIENT)
The complainant is the formal President of the Charitable Society registered in the name and style "Soubhagia S.H.G.". The 1st opposite party is the Secretary and the 2nd opposite party is the President of the Society. The learned counsel for the complainant submitted that the opposite parties are not producing the accounts of the society, also not participating the complainant in the day to day activities, and public meetings of the society. The learned counsel for opposite parties submitted that they are ready to produce the yearly accounts from the date in which the opposite party has taken charge of the office. The previous accounts are in the custody of the complainant who was the formal President. There is a Civil Suit pending before the Munsiff Court Idukki, as 66/2008 connected to this matter. Before going through the evidence, both parties argued the matter and the only dispute is regarding the production of accounts. The opposite parties are ready to produce the yearly accounts, but the accounts of the period prior to their period are with the complainant. The minutes book showing the monthly income and expenses from 24/06/2007 onwards is produced by the opposite parties.
So we think that the complainant is entitled to peruse the accounts of the society as a member and to participate in the public meetings. But the accounts of the period in which complainant was the President were made by the complaint himself.
Hence the petition allowed. The opposite parties are directed to produce the yearly accounts of the Society, from the day on which the opposite parties have taken charge of the society, within 3 days, when the complainant requests. The complainant can also peruse the minutes books as per request. The opposite parties are also directed to inform the public meetings of the society to the complainant, as a member.
Pronounced in the Open Forum on this the 24th day of August, 2009. Sd/- SRI.LAIJU RAMAKRISHNAN(PRESIDENT) Sd/- SMT.SHEELA JACOB(MEMBER)
Sd/- SMT.BINDU SOMAN(MEMBER)
APPENDIX
Depositions : On the side of Complainants : PW1 - Soman T.V On the side of Opposite Party : nil Exhibits: On the side of Complainants: Ext.P1 - True copy of the survey plan Ext.P2 - Copy of the original sale deed dated 10/09/2007. Ext.P3 - Copy of the sale deed dated 10/09/2007 On the side of Opposite Party : Ext.R1 - Certified copy of document.
| HONORABLE Sheela Jacob, Member | HONORABLE Laiju Ramakrishnan, PRESIDENT | HONORABLE Bindu Soman, Member | |