D.o.F:27/8/2009 D.o.O:30/10/2010 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD CC.NO. 58/10 Dated this, the 30th day of October 2010 PRESENT: SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER Sankari, W/o Rajan, Thumballil House,Udayapuram, Mandapam Po, Chittarikkal. : Complainant (In person) Secretary, North Malabar Madya Vyavasaya Thozhilali Ksheme Co-op Society,Kanhangad : Opposite party (Adv.A.Gangadharan,Hosdurg) ORDER SRI.K.T.SIDHIQ : PRESIDENT The gist of the complaint is as follows: Complainant deposited ` 21000/- that she received as compensation in the name of her daughter Shyla and Shyni on 8/2/1992. The deposit was for a period of 10 years at an interest rate of 15.5% per annum . Accordingly upto 25/10/1999 the interest for the said amount has been credited in the SB account held by complainant. Thereafter, in 2006 when she approached the society to take back the amount the society was ceased functioning and it was told her that since a number of members are to repay the amount availed as loan the payment will be made within 6 months. But when she approached in 2006 with her daughters she was asked to wait a further period of one year and till date neither the amount nor the interest is repaid. Hence the complaint. 2. According to opposite party, complaint is baseless and not sustainable. The amount of ` 21000/- deposited is not obtained by way of compensation. It was the amount paid by the members of Kannur District Arrack & Toddy shop workers Union by way of their contribution. The opposite party society was formed by the members of the Kannur District Arrack & Toddy shop workers Union for the welfare of arrack workers in Kasaragod District. On account of arrack ban in 1995 all the workers working in various arrack shops were become jobless and they were put to financial strain. The society is entitled to get more than 15 lakhs rupees from various loanees. But nobody is able to pay any amount inspite of coercive steps. The opposite party society is in liquidation stage. There is no staff for the society. The signatory to the version is the former secretary of the society. Practically the society is now not in existence. The complaint is filed in a belated stage. Even as per complaint she failed to receive the interest since 1999. The dispute mentioned is not a consumer dispute and the remedy available is to approach the arbitrator appointed under the Co-op societies Act. The Forum lacks jurisdiction to entertain the complaint. 3. Complainant examined as PW1 and Exts.A1&A2 marked. No oral evidence adduced by opposite party. Both sides heard. Documents verified. 4. Ext.A1 is the copy of the deposit receipt. As per that ` 21000/- is deposited on 8/2/1992. The deposit is in the name of Shaila and Shyni. 5. In our view the complaint is not maintainable on two grounds. The maturity date of the deposit was on 8/2/2002. When the maturity date is shown on a deposit receipt the limitation for the complaint runs from that date. Therefore, as per Consumer Protection Act the complaint ought to have been filed within 2 years from the date of maturity shown in the deposit receipt. The Hon’ble Kerala State Consumer Disputes Redressal Commission in the case of V.P.Davis Vs. Karuna Trust reported in 2001(2)CPR 261 has held that cause of action in a case of deposit made in a financial institution could accrue only from the date of demand unless there is maturity date is mentioned. In this case the maturity date is 18/2/2002. So the complaint ought to have been filed on or before 17/2/2004. But the complaint is filed on 17/3/2010 ie after 6 years. Hence the complaint is hopelessly barred by limitation. 6. The complaint is not maintainable on yet another ground also. The complaint is seen filed by Sankari who is neither the depositor nor the authorized agent of the depositors. Hence the complaint ought to have been filed by the depositors themselves. The present complainant Sankari has no locus standi to file this complaint on behalf of her daughters who attained maturity. Therefore, the complaint is dismissed as not maintainable without any order as to costs. Exts.A1- copy of deposit receipt. A2-copy of savings bank A/c Sd/ Sd/ MEMBER PRESIDENT eva/ /Forwarded by Order/ SENIOR SUPERINTENDENT | 
