KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM APPEAL NOS:92/10, 93/10, 94/10 & 95/10 COMMON JUDGMENT DATED:18..05..2010 PRESENT JUSTICE SHRI.K.R.UDAYABHANU : PRESIDENT SHRI.M.K. ABDULLA SONA : MEMBER APPEAL NO:92/2010 K.Raghavan, Rajani Nivas, Elampara.P.O, : APPELLANT Edayannur. (By Adv:Sri.N.Anil Kumar) Vs. Managing Director, Tellicherry Taluk Co-operative Marketing & : RESPONDENT Processing Society Ltd., P.O.Mattannur. APPEAL NO:93/2010 A. Padmavathi, Gopa Nivas, Pazhassi Amsom, Mattannur Desom, : APPELLANT P.O.Mattannur. (By Adv:Sri.N.Anil Kumar) Vs. Managing Director, Tellicherry Taluk Co-operative Marketing & : RESPONDENT Processing Society Ltd., P.O.Mattannur. APPEAL NO:94/2010 K. C. Padmanabhan, S/o Kunhappa, Kolari Amsom, P.O.Porora, : APPELLANT Mattannur-670 702. (By Adv:Sri.N.Anil Kumar) Vs. Managing Director, Tellicherry Taluk Co-operative Marketing & : RESPONDENT Processing Society Ltd., P.O.Mattannur. APPEAL NO:95/2010 K.Damodaran Nambiar, S/o Pythal Nambiar, Kollari Village, Kayalur Desom.P.O, Chavasseri, : APPELLANT Mattannur. (By Adv:Sri.N.Anil Kumar) Vs. Managing Director, Tellicherry Taluk Co-operative Marketing & : RESPONDENT Processing Society Ltd., P.O.Mattannur. COMMON JUDGMENT JUSTICE SHRI.K.R.UDAYABHANU: PRESIDENT The appellants are the complainants in CC.Nos:167/08, 248/08, 250/08 and 281/08 in the file of CDRF, Kannur. The complaints stand dismissed. 2. The cases of the complainants are that they have deposited various sums at the opposite party/co-operative society as fixed deposits. The complainants were employees of the co-operative society. It is the allegation that the opposite party repaid only the principal sum and not the interest. The complaints are filed for payment of the accumulated interest and compensation. 3. The opposite party/co-operative society filed version mentioning that the society faced financial stringency and had to sell off the properties for settling dues. It is as per the proposal of the managing committee of the society which was accepted by the employees that the retirement benefits shall be credited in the account of the concerned employees and the amounts will be disbursed when the society overcome the crisis. The society was permitted to sell 32 cents of land to pay all the debts of the bank. From the amount realized the first payment were made to government agencies and balance to the creditors. The amounts were repaid proportionately. The complainants had filed a writ petition before the High court and also simultaneously another complaint before the Joint Registrar of Co-operative Societies. The High Court had directed the Joint Registrar to pass appropriate orders within two months. The amounts were disbursed as per the order of the Joint Registrar in the petitions filed by the complainants. 4. The complainants were tried jointly. 5. The evidence adduced consisted of the testimony of PW1, DW1, Exts.A1 to A4 and B1 to B6. 6. We find that the complainant had opted for a particular course of action for the realization for the amounts allegedly due. On the writ petition filed by the complainants the High court has directed the joint registrar to dispose of the matter within two months. Evidently the joint registrar after hearing both sides has disposed of the matter directing the society to return the principal amounts to the complainants. In view of the fact that the joint registrar has pronounced an order in the matter, also as per the direction of the High court we find that the subsequent course of action taken by the complainant approaching the Consumer Disputes Redressal Forum cannot be said to be proper. The order of the joint registrar can be challenged before the appropriate Forum. Hence we find that there is no scope for admitting the appeal. The appeals are dismissed in-limine, 7. All the same the complainants would be exempted from the period of limitation prescribed for approaching the authorities against the order of the joint registrar as they have approached a wrong form vide Sec-14 of the Limitation Act. The office is directed to forward a copy of this order to the Forum urgently. JUSTICE K.R.UDAYABHANU: PRESIDENT M.K. ABDULLA SONA : MEMBER VL. | 
