The appellant is the opposite party /Kerala Karshaka Thozhilali Kshemanidhi Board that has sought for setting aside the order of the Forum in OP No.46/05 in the file of CDRF, Idukki. The opposite party has been directed to take earnest efforts to make available the requisite funds and disburse the amount due to the complainant at the earliest and at any rate not later than 6 months from the date of judgment. 

          2. It is the case that the complainant is a 66 years old agricultural labourer and he joined the Agricultural Workers Welfare Scheme 1990 on 23.11.92 and subscribed up to March 2001 and completed the term stipulated and on expiry of the term the total amount due is Rs.8.911/- and he had incurred a sum of Rs.2,000/- for enquiring the above release of the amount . He has sought for the amount with compensation.

          3. It is the contention of the opposite party that the payments are made according to the availability of funds. According to them the complainant has applied only on 12/6/02. There are 465 applications pending. The applicants can be paid only in the serial order as per seniority. Only application filed up to 15.3.01 has been paid with respect to applications.

           4. We find that there has no dispute as to the fact that the complainant is a consumer. The Forum has only directed to make earnest efforts to make available the requisite funds and make the payment. It is seen that the appellant has not paid the amount so far.  

5. It is the contention that the complaint is not maintainable as Section 37 of the Kerala Agricultural Workers Act specifically ousts    jurisdiction of the Civil Court. Evidently as per Section 3 of the Consumer Protection Act, 1986 the Forum has got the jurisdiction.   We find that there is no merit in the appeal filed. 

 In case the amount is not paid within 3 months from today, the same with carry interest at 12% from the date of the order of the Forum. The appeal is dismissed with the above direction.

 

         

 

Pk.