SRI.K. VIJAYAKUMARAN, PRESIDENT. Complaint for realization of Veethpalisa, compensation cost etc. The averments in the complaint can be briefly summarized as follows: The complainant at the instigation of the opp.party has joined a chitty run by the opp.party bank. The sala of the chitty was Rs. 1,00,000/- and monthly instalments at the rate of Rs.2,500/- has to be paid in 40 equal instalments. The chitty was terminated on 20.4.2007 and the amount remitted by the subscriber amounting to Rs.61,250/- was given to him on 22.5.2007. But the sum of Rs.13,750/- collected from the complainant by way of veethapalisa was not given to him. When he demanded the amount the employees of the opp.party misbehaved and the complainant sustained mental agony because of the same. The conduct of the opp.party amounts to deficiency in service and unfair trade practice. Hence the complaint. The opp.party filed version contending, interalia, that the complaint is not maintainable either under law or on facts. The complainant is not a consumer There is specific ouster of jurisdiction of this Forum as the opp.party is a Co-operative Bank and the complainant is the member of that society. The opp.party was conducting a Group Deposit and Credit Scheme and the complainant, a member of the said society subscribed to the same. The capital sum of Rs.1,00,000/- was payable in 40 equal monthly instalment. As per the terms of the agreement the depositor has to remit Rs.2,500/- per month less the bonus commission, as provided under clause [3] of the agreement . On maturity the depositor will get the amount less 5% commission payable to the bank. A defaulting subscriber is not entitled to get the bonus and the bank has got every right to remove such defaulter from the said scheme and such asubscriber is only entitled to get back the actual amount remitted by him less the commission payable to the bank. The complainant has subscribed to such scheme only upto 30th instalment . and thereafter defaulted. A defaulter is not entitled to get bonus as per the scheme. The complainant has deposited Rs.61,250/- and though he is entitled to get the same only after deducting the bank’s commission the opp.party refunded the whole amount to him as a concession on 22.5.2007 and the complainant accepted the same in full and final settlement. As such complainant is not entitled to get any other or further amount from the opp.party. The opp.party did not compel the complainant to subscribe to such a scheme. The complainant has willfully suppressed the fact that he is a defaulter after 30th instlament. The complainant after having accepted the amount due to him from the opp.party without protest is estopped from making the present claim. None of the bank staff misbehaved to the complainant . There is no deficiency in service or unfair trade practice on the part of the opp.party. Hence the opp.party prays to dismiss the complaint. Points that would arise for consideration are: 1. Whether there is deficiency in service on the part of the opp.party? 2. Reliefs and costs. For the complainant PW.1 is examined. Ext. P1 and P2 series marked. For the opp.party Ext. D1 is marked. POINTS: There is no dispute that the complainant joined the Group Deposit and Credit Scheme run by the opp.party after executing Ext. D1.. There is also no dispute that the complainant has deposited Rs. 61,250/- towards the scheme and thereafter committed default. The complainant himself as PW.1 has admitted in cross examination that he is a defaulter. The learned counsel for the opp.party would argue that as per the terms of Ext. D1 a defaulter is not entitled to get bonus which is styled as Veethapalisa by the complainant in the complaint. PW.1 further admitted in cross examination that the entire amount deposited by him towards the scheme has been refunded by the opp.party. Though he would claim that he is entitled to get the bonus also and that he will produce the relevant document in this regard nothing was produced from which an inference can be drawn that there is no such document. Condition No. 20 of Ext. D1 agreement clearly lays down that a defaulter is not entitled to get the bonus. It is further stated therein that even if the defaulter is not removed from the scheme, it cannot be considered that he has been permitted to continue in the scheme even after the default. The case of the complainant is that since he was not removed from the scheme by the opp.party he is entitled to get the bonus. It goes without saying that under condition No.20 of Ext. D1 a defaulter is not entitled to get the bonus. The allegation of the complainant is that when he demanded the bonus amount the subordinates of the opp.party misbehaved and harassed him. Absolutely no evidence is adduced in this regard. PW.1 admitted in cross examination that he did not file any complaint against the subordinate who misbehaved and harassed him. So the contention that he sustained mental agony due to the harassment is unsustainable. As pointed out earlier the complainant himself has admitted that he is a defaulter. He would further admit in cross examination that the actual amount deposited by him has been refunded without deducting any commission by the opp.party. As per Ext. D1 agreement a defaulting subscriber is not entitled to get bonus or veethapalisa. It cannot be believed by any stretch of imagination that the complainant who is a literate person and a government employee has not come across the condition No.20 in Ext. D1 . It is also pertinent to point out that Ext. D1 agreement is in Malayalam . In these circumstances we hold that the complainant has filed this complaint without any bonafides. There is no deficiency in service on the part of the opp.party. Point found accordingly. In the result the complaint is fails and the same is dismissed with compensatory cost of Rs.1,000/- to the opp.party. Dated this the 31st day of August, 2010. . I n d e x List of witnesses for the complainant: PW.1. – Saji kumar List of documents for the complainant P1. – Receipts P2. – Receipts List of witnesses for the opp.party: NIL List of documents for the opp.party D1. – Group and Credit Scheme application | 
