Orissa

Rayagada

CC/231/2015

Sri Y.Krishna Rao, - Complainant(s)

Versus

The President, Sub-Divisional House Building Co-Operative Socity, - Opp.Party(s)

Sri V.R.M Patnaik

30 Dec 2016

ORDER

 

DISTRICT   CONSUMER  DISPUTES REDRESSAL    FORUM, RAYAGADA

C.C. Case  No.231 / 2015.

                                                                                               

             P R E S E N T .

            Sri Pradeep Kumar Dash, LL.B,                             President.

            Sri Gadadhara Sahu, B.Sc,                                      Member

            Sri Y.Krishna Rao,S/o late Yeddu Jagannadham Naidu, aged about 70 years, Resident       of Yeddu Street, Rayagada, Po/Ps/Dist. Rayagada, Odisha.                                                                                                                                                                                         …………..Complainant

                                                                                                                                                                                                                        Versus                                                

1. President, Rayagada Sub Divisional Housing Building Cooperative Society, Rayagada, PO/Dist. Rayagada.
2. Secretary, Rayagada Sub Divisional Housing Building Cooperative Society, Po/Ps/Dist. Rayagada, Odisha.                                                                                                                                                                                    …………..Opp.Parties

Counsel for the Parties:

For the complainant: Sri V.R.M.Patnaik, Advocate, Rayagada.          

For the O.Ps:  Sri Sahadeba Choudhury and Associates, Advocate, Rayagada.                                                             JUDGMENT

                        The  facts of the case in brief is that in order to construct his house the complainant has availed loan of Rs.59,000/- from OP 2 . The OP shown the last payment  as Rs.25,000/- in shape of cash but in fact the complainant has received the cheque for Rs.19,000/- . The complainant has received a notice on 01.01.2006  in which the Ops claimed an amount of Rs.29,819/- and the complainant filed objection stating that he has deposited the instalments from 1991 till 2002 regularly and could not be to deposit the subsequent instalments due to his sickness. The Ops without settling the demand of the complainant has filed  a case before the Registrar of Co-operative Societies vide R.C.S. Case no.01/2005  against the complainant . The complainant was pursuing the matter since 2005 but the Ops did not inform the complainant the actual balance of the amount including interest kept silent over the matter. Again all of a sudden the Ops approached the complainant on 16.03.15  after lapse of ten years and demanded payment of Rs.one lakh and the complainant has deposited Rs.10,000/-  on 16.03.15 . Now the Ops are demanding for payment   from the complainant  which is illegal and not justified. Due to this the complainant suffered mental agony and  financial loss. Hence, prayed to issue notices  to  the Ops and pay compensation. Hence, this complaint.

                        Being noticed, the O.Ps   appeared and filed written  objection stating therein that  the OP is an institutional controlled under Odisha Co-operative Act and the Asst. Registrar of Co-operative is the authorised Court to deal with all the disputes of the Co-operative societies and the Deputy Registrar of Co-operative is the appellate Court authority and prays to dismiss the case with cost .

                                                                 FINDINGS

                        We perused the documents filed by the complainant. We accept the grievance of the complainant. It is the case of the complainant that the complainant availed loan of Rs.59,000/- from OP 2 to construct  the house .The OP shown the last payment is Rs.25,000/-  but the complainant received only Rs.19,000/-  on 1.1.2006  and the Ops claimed Rs.29,819/-  and complainant filed objection. Again after lapse of ten years the Ops demanded Rs.1,00,000/-  on 16.03.2015 from the complainant. On 16.03.2015 the complainant  deposited Rs.10,000/-  and now the Ops demanding for immediate payment.

                        The Opposite Party has  categorically denied wand submitted that the present complaint is not maintainable and the dispute is not coming within the definition of the C.P.Act . On the other hand  the complainant urged that as the consumer protection act is benevolent legislation and as an additional remedy available to the consumers, as such as per Sec.3 of the C.P.Act,1986  the complaint is maintainable. Sec.3 of the C.P.Act provides additional remedy in addition to the remedies provided under  other acts and it is not in derogation of any provision of any law.

                        In the case of Secretary, Tiru Muregan Cooperative Agricultural Credit Society Vars. M.Lalitha and others reported in (2004) I Section  305 the Hon’ble Supreme Court at Para 11 and 12 has held that having due regards to the Scheme of C.P.Act and the purpose sought to be achieved to protect the interest of the consumer better. Its provisions are to be interpreted broadly, positively and purposefully to give meaning to additional extended jurisdiction, particularly when Sec.3 seeks to provide remedy under the Acts in addition to other remedies provided under other acts unless there is clear bar.

                        From the above discussion this forum is of the view that the Ops are committed deficiency in service to the complainant by not providing the loan properly  and demanding high amount of interest. Since the Rayagada is a tribal district and the complainant is a poor and old man demanding of higher rate of interest by the OP  is illegal.

                        We have already held in the foregoing points that the complaint is maintainable and it is not barred by limitation and the Ops have committed deficiency of service  to the complainant. In our considered opinion the complainant is entitled to get relief. Hence we are inclined to pass the following order.

                                                                        ORDER

                        As the complainant has already paid the loan amount with actual interest for the tribal area, the Ops are ordered not to demand more. The complainant is directed to pay only Rs.10,000/- to the Ops and the Ops are directed to close the loan account of the complainant and return the mortgage documents to the complainant within 35 days of receipt of this order. The parties are to bear their own cost.

                        Pronounced in open forum today on this   29^th  day of December,2016 under the seal and signature of this forum.

                        A copy of this order as per the statutory requirements , be forwarded to the parties    free of charge.

 

                                    Member                                                             President