Sri. N. Premkumar (Member)

                   The complainant has filed this complaint against the opposite parties for getting a relief from the Forum.

                   2. The complainant’s case is that he is a member of the 1^st opposite party society and he came to know that the 1^st opposite party is distributing essential commodities on the eve of ‘Bakrid’ at a subsidized rate.  Accordingly on 24.11.09 the complainant and his wife went to the shop of the 1^st opposite party for purchasing certain food articles and he was the last person in the queue and it was past 5.30 p.m.  He ordered certain items, which were recorded in 4 bills in the name of the complainant and his wife.  The staff were showing great hurry to close the shop without giving a chance to the complainant to check whether all the items were actually supplied or not.  Employees are not prepared to wait for a moment for a cross checking of the items supplied with the bill and they have hurriedly closed the shop.  After reaching home with the articles purchased, the complainant checked carefully the items supplied from the 1^st opposite party shop with the bills and found that 2 kg. of sugar worth ` 40 not found in the items supplied, though the same has been recorded in the bills and cost of the same has been collected by the opposite parties staff.  The non-supply of 2 kg. of sugar was reported to the opposite party and their staff on the next day.  But they refused to listen the complainant’s grievances.  The complainant’s cousin who was an eyewitness of the complainant’s purchase also interfered in this matter with the opposite party and he was also treated in a bad manner by the opposite party.  Thereafter, the complainant made a written complaint to the 2<sup>nd</sup> opposite party and all other Director Board Members.  The complainant also submitted a separate letter to the 1<sup>st</sup> opposite party requesting him to close all accounts of the complainant such as F.D and S.B for the cancellation of his membership.  But the 1<sup>st</sup> and 2<sup>nd</sup> opposite party showed reluctance to the complainant’s grievances, but they released the complainant’s F.D and S.B account balance.  However, they have not cancelled his membership and asked the complainant to wait for long.  Even after the written complaint of the complainant in respect of the non-supply of 2 kgs.of sugar, the opposite parties have not redressed the grievances of the complainant so far.  The complainant also came to know similar issues from other members of the 1<sup>st</sup> opposite party.  The above said act of the opposite parties is a clear deficiency in service, which caused financial loss and mental agony to the complainant and the opposite parties are liable to compensate the same.  Hence this complaint for an order from this Forum for directing the opposite parties either to supply 2 kgs. of sugar or for the return of the price of the sugar collected by the opposite party and an order for conducting an inspection of the day-to-day business of the opposite party by the co-operative department and for the realisation of his share capital of ` 31 along with cost of ` 5,000 and compensation of ` 10,000.

                   3. In this case, the opposite parties entered appearance, but they have not filed their version.  Hence they were declared as exparte and the case was posted for complainant’s evidence.  But the complainant did not appeared for adducing evidence and hence the complaint was dismissed for default.

                   4. Thereafter, the complainant sent a petition to the Government against the order of this Forum.  On getting the petition, the Government forwarded the same to the Hon’ble Consumer Disputes Redressal Commission, Thiruvananthapuram.  The Hon’ble CDRC treated the said petition as a Revision Petition and allowed the Revision Petition and set aside the order of this Forum and the matter was remanded back for fresh disposal on merits. 

                   5. Accordingly, this Forum issued notices to both parties for their appearance.  Opposite parties represented once and remained absent thereafter without filing the version.  Due to the non-filing of the version and due to the non-appearance of the opposite parties, this Forum declared the opposite parties as exparte again and the case was posted for complainant’s evidence and issued a notice to the complainant through E-mail for his appearance.  On getting the E-mail, the complainant sent a reply through E-mail stating, among other things, that he had no further evidence than what he had stated in his original complaint and what he had submitted along with the complaint.  He also stated in his reply about his inability to appear before this Forum again.  Therefore, and in the circumstances that the opposite parties are exparte, we have perused the entire materials available before us. On a perusal of the available materials on record, we came across 4 cash bills dated 24.11.2009 issued by the opposite parties in the name of the complainant and his wife Saralamma serially numbered from 2697 to 2700 and an unattested affidavit narrating the grievances of the complainant against the opposite parties.  The main grievances and the demands of the complainant as per the complaint and as per the affidavit are as follows:

(1)             The opposite parties had not supplied 2 Kgs. of sugar to the complainant, though the said item was entered in the cash bill and the cost of the same was realised from the complainant.

(2)             The complainant also seeks an order from this Forum directing the Co-operative Department to conduct an investigation of the records relating to the transactions in the provision store owned by the opposite parties or otherwise of the functioning of the first opposite party.

(3)             The complainant also seeks a direction against the opposite parties for the release of his share in the opposite parties’ society.  The other reliefs sought for in the complaint are the cost of this proceeding of ` 5,000 and a compensation of ` 10,000 for his mental agony.

                     6. On the basis of the cash receipt issued in the name of the complainant by the first opposite party vide bill No.2697 dated 24.11.2009, it is seen that the complainant had purchased 2 Kgs. of sugar for ` 40 from the first opposite party.  But according to the complainant, he had not received the said item.  The complainant’s allegation is that the said item was not delivered during the supply of food articles due to the hurry-burry of the staff of the first opposite party and the complainant was not allowed to verify the articles with the bills before closing the shop and his grievance was also not redressed by the opposite parties inspite of his complaints and representations to the opposite parties in this regard.  From the complaint it is seen that the complainant is a senior retired government servant.  Since the dispute is with regard to the non-supply of only 2 Kgs. of sugar, we don’t think that a person like the complaint will not approach this Forum without a genuine grievance.  Therefore and since the opposite parties are exparte, we don’t find any reason to dis-believe the complainant’s allegations.  In the circumstances, we find that the opposite parties had not supplied 2 Kgs. of sugar to the complainant and the non-settlement of the said grievance by the opposite parties is a clear deficiency of service from the part of the opposite parties and hence this complaint can be allowed in part with cost and compensation against the first opposite party.  Since the second opposite party is not directly involved in the day-to-day affairs of the first opposite party, we cannot impose a liability against the 2^nd  opposite party and hence 2^nd opposite party is absolved from the liability.  However, other prayers i.e. direction for conducting an inspection and the direction for the release of the share capital are beyond the jurisdiction of this Forum.  Hence we are not inclined to allow the said prayers.  However, the complainant is at liberty to move for the same before appropriate authorities and as per the provisions of Co-operative Act and Rules and as per the bye-law of the first opposite party. 

                   7. In the result, this complaint is allowed in part, thereby the first opposite party is directed to return the cost of the sugar ` 40 (Rupees Forty only) with 10% interest per annum from the date of filing the complaint along with cost of ` 500 (Rupees Five hundred only) and compensation of ` 1,500 (Rupees One thousand five hundred only) to the complainant within 30 days from the date of receipt of this order, failing which the complainant is allowed to realise the whole amount with 12% interest per annum from today till the whole realisation.

                   Declared in the Open Forum on this the 18^th day of April, 2011.

                                                                                                        (Sd/-)

                                                                                                Jacob Stephen,

                                                                                                   (President)  

Smt. C. Lathika Bhai (Member)              :         (Sd/-)

Sri. N. Premkumar (Member)                 :         (Sd/-)

Appendix:

Witness examined on the side of the complainant  :  Nil.

Exhibits marked on the side of the complainant      :  Nil.

Witness examined on the side of the opposite parties  :  Nil.

Exhibits marked on the side of the opposite parties      :  Nil.

                                                                                      (By Order)

                                                                         Senior Superintendent.

Copy to:- (1) T.P. Krishnankutty, Krishna Villa, Valanjavattom. P.O,

                       Thiruvalla, Pathanamthitta (Dist).                                           

(2) The Secretary, Kadapra Service Co-op: Bank Ltd.No.186,

              Valanjavattom.P.O., Thiruvalla, Pathanamthitta Dist.

(3) The President,    -do.  –do.

(4)  The Stock File.