IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Thursday, the 31st day of December, 2015
Filed on 17.06.2005
Present
- Smt. Elizabeth George (President)
- Sri. Xavier Antony (Member)
- Smt.Jasmine.D. (Member)
in
C.C.No.165/2014
between
Complainant:- Opposite Parties:-
Smt. K. Minimol 1. The Secretary/President
Kalathilchira Alappuzha Govt. Servants
Kuppappuram P.O. Co-operative Bank Ltd. No.4208 Alappuzha – 11 Head Post Office P.O.
Collectorate Junction, Alappuzha (By Adv. C.V. Lumumba)
2. The Joint Registrar (General)
Pazhavangady Junction
Iron Bridge P.O., Alappuzha – 11 HHH He
O R D E R
SMT. ELIZABETH GEORGE (PRESIDENT)
The case of the complainant is as follows:-
The complainant is a member of the Government Servants Co-operative Bank Ltd., Alappuzha. She availed a loan from the bank and in spite of the repeated requests, the opposite party failed to issue a passbook showing the entries with respect to the payments so made. Thereafter, she complained before the Asst. Registrar on 3.5.2012 and got a letter of the Registrar that passbook will be issued as on the purchase of printer. But so far the passbook is not issued. Hence the complaint is filed.
2. The version of the first opposite party is as follows:-
There is no practice of giving passbook to the loanees and the passbook is issued only to S.B. account holders. Complainant’s husband is remitting the loan amount for and on behalf of the complainant and opposite party issued receipt for the same. There is no defect and deficiency in service on the part of the opposite party.
3. Notice issued to the second opposite party was served, but the second opposite party did not file any version.
4. The power of attorney holder of the complainant was examined as PW1. The documents produced were marked as Ext.A1 series and Ext.A2. The first opposite party was examined as RW1. One witness was examined as RW2. Documents produced were marked as Exts.B1 to B4.
5. Points for consideration are:-
- Whether there is any deficiency in service on the part of the opposite parties?
- If so the reliefs and costs?
6. It is an admitted fact that the complainant is a member of the Alleppey District Government Servants Co-operative Bank. She availed a loan from the bank and in spite of the repeated requests, the opposite party failed to issue a passbook show in the entries with respect to the payments so made. Thereafter, she complained before the Asst. Registrar on 3.5.2012 and Asst. Registrar issued a letter dated 10.8.2012 stating that passbook will be issued as on the purchase of printer. The said letter is produced and marked as Ext.A1 series (1). But so far passbook was not issued. According to the opposite party there is no practice of giving passbook to the loanees and passbook is issued only to the S.B. account holders. They also stated that complainant’s husband is remitting the loan amount and opposite party issued receipts for the same. The copy of the receipts so issued are produced and marked as Ext.B1 series. During the evidence stage, the opposite party produced a detailed statement of account showing all the payments in the loan account of the complainant and which is marked as Ext.B2. Hence there is no hindrance for issuing a passbook in favour of the complainant showing all the entries in the loan amount. Ext.A2 is the order of the Joint Registrar of Co-operative Societies dated 27.3.2015. While cross examining the RW1 he stated that he informed the Joint Registrar about the difficulties in implementing the order. Ext.A2 is the order made by the Joint Registrar whereby the opposite party is directed to issue the passbook within 7 days. But the opposite party failed to comply the said order. In the light of the above discussion, we are of opinion that this is a clear case of defect and deficiency in service from the part of the opposite party in not issuing the passbook.
In the result, the complaint is allowed. The first opposite party is directed to issue a passbook with respect to the loan account of the complainant incorporating all the entries as per the account kept in the office of the opposite party within one month from the date of receipt of this order. The first opposite party is also directed to pay an amount of Rs.2000/- (Rupees two thousand only) towards compensation within one month from the date of receipt of this order. There is no order as to costs.
Dictated to the Confidential Assistant transcribed by her corrected by me and pronounced in open Forum on this the 31st day of December, 2015.
Sd/- Smt. Elizabeth George (President)
Sd/- Sri. Antony Xavier (Member)
Sd/- Smt. Jasmine.D. (Member)
Appendix:-
Evidence of the complainant:-
PW1 - Dineshkumar K.R. (Witness)
Ext.A1series - Copy of the letters dated 10.8.2012 & 14.5.2012
Ext.A2 - Order of Asst. Registrar dated 27.3.2015
Evidence of the opposite parties:-
RW1 - M. Madhusoodanan (Witness)
RW2 - Laijulal P.L. (Witness)
Ext.B1 series - Copy of the receipts
Ext.B2 - Copy of the loan ledger
Ext.B3 - RTI letter dated 3.6.14
Ext.B4 - Copy of the letter dated 22.8.2012
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:- pr/-
Compared by:-
