Kerala

Idukki

CC/133/2018

SreeKumar V - Complainant(s)

Versus

Secretary Nedumkandom Co operative Bank Ltd - Opp.Party(s)

Adv.Vikraman Nair

31 Oct 2019

ORDER

DATE OF FILING : 4.7.2018

IN THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 31^st day of October, 2019

Present :

SRI. S. GOPAKUMAR PRESIDENT

SMT. ASAMOL. P MEMBER

CC NO.133/2018

Between

Complainant : Sreekumar V.,

Thaipparambil House,

Pambupara P.O., Idukki.

(By Adv: Vikraman Nair N.G.)

And

Opposite Parties : 1. The Secretary,

Nedumkandam Service Co-operative

Bank Ltd. No.K326,

Nedumkandam P.O., Idukki.

2. The Joint Registrar,

Co-operative Societies (General),

Painavu P.O., Idukki.

O R D E R

SMT. ASAMOL. P., MEMBER

 

Case of the complainant is that :

 

The complainant is an agriculturist and 1^st opposite party is the Secretary of the Nedumkandam Service Co-operative Society and 2^nd opposite party is the Joint Registrar who is the controlling authority of 1^st opposite party as per the Kerala Co-operative Societies Act. In the year 1997, the opposite party launched a scheme named Thankakudam Cash Certificate scheme. As per the scheme Rs.5550/- has to be paid in single premium and on maturity of the scheme after 240 months, the opposite party agreed to give Rs.1 lakh. The complainant's father joined in the scheme and nominated this complainant as(nominee) the beneficiary of the scheme and the term was 17.6.1997 to 16.6.2017. The opposite party issued a cash certificate to the complainant. The complainant's father died and after the maturity period, the complainant had submitted the said cash certificate to the Nedumkandam Service Co-operative Society for encashment. But they have given Rs.72,000/- only and not given receipt. The complainant approached the society for balance of Rs.28000/-. But they have not given the balance amount. So opposite parties are jointly and severally liable to pay the amount as per the scheme to the complainant. The 2^nd opposite party approved for starting the scheme to the 1^st

(cont.....2)

- 2 -

opposite party. The non-payment of assured amount as per the scheme is illegal and unfair trade practice. Hence it is deficiency in service of the opposite parties. So, the complainant approached the Forum against the alleged acts of the opposite parties.

 

Upon notice, opposite party entered appearance. But they did not file version or any objection.

 

The complainant adduced evidence by way of proof affidavit and documents. Ext.P1 document produced before the Forum. It is the copy of “Thankakudam Cash Certificate” issued by 1^st opposite party marked as Ext.P1.

 

The point for consideration is whether there is any deficiency in service from the part of opposite party and if so, for what relief the complainant is entitled to ?

 

The POINT :- We have heard the counsel for the complainant and have perused the evidence on record. It is an admitted fact that the complainant's father joined the Thankakudam Cash Certificate scheme by produced document Ext.P1. Notice served to opposite parties and they appeared before the Forum. But they did not file version or produced any document for supporting their contentions else they did not take any evidence against the complaint.

 

Hence the petition allowed. Opposite parties are directed to pay the balance amount of Rs.28,000/- to the complainant and Rs.3000/- as compensation and also directed to pay Rs.1000/- as cost of the complaint within 30 days of receipt of a copy of this order, failing which the amount shall carry 12% interest per annum from the date of default, till its realisation.

 

Pronounced in the Open Forum on this the 31^st day of October, 2019

Sd/-

SMT. ASAMOL. P., MEMBER

Sd/-

SRI. S. GOPAKUMAR, PRESIDENT

APPENDIX

Exhibits :

On the side of the Complainant :

Ext.P1 - Thankakudam Cash Certificate issued by 1^st opposite party.

On the side of the Opposite Party : Nil. Forwarded by Order,

 

SENIOR SUPERINTENDENT