DATE OF FILING : 4.5.2011
BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI
Dated this the 29th day of August, 2011
Present:
SRI.LAIJU RAMAKRISHNAN PRESIDENT
SMT.BINDHU SOMAN MEMBER
C.C No.107/2011
Between
Complainant : Francic Mathew,
Punnakezhathu House,
Thankamany P.O.,
Idukki District.
(By Adv: Jose Thomas)
And
Opposite Parties : 1. The President,
Navodaya Karshaka Sangham,
Thankamany P.O.,
Idukki.
2. The Secretary,
Navodaya Karshaka Sangham,
Thankamany P.O.,
Idukki.
(Both by Adv: Lissy M.M)
O R D E R
SRI. LAIJU RAMAKRISHNAN (PRESIDENT)
The complainant together with 11 persons formed Swayam Sahaya Sangham in the name and style Navodaya Karshaka Sangham, Thankamany, in order to uplift life and social status of the members of the sangham and also to raise the social status in the society. The members of the society were duly remitting bi-weekly deposits in the sangham and meeting was also conducted. They started a hollow bricks unit for the benefit of the members of the society. So that they have availed a loan from the Thankamany Service Co-operative Bank for an amount of Rs. 3 lakhs. The machineries were purchased and labourers were appointed. The complainant was met with health problem and was not able to look after the affairs of the sangham as he was doing earlier. So during 2009, the complainant approached the members of the sangham as well as the opposite parties to discharge the complainant from the above said sangham. The sangham started about 6 years back. The complainant had already remitted Rs.5,700/- towards deposits and he was working as a member in order to pay back the loan availed by the sangham from the Thankamany Service Co-operative Bank. While retiring, the complainant required to settle the account and pay the profit, but the opposite party did not give the same. The said sangham is having profit of its business and also having assets like machineries and the complainant is entitled to get the share of the profit from the starting of the business as well as the share of the machineries and also the amount deposited in the sangham. The complainant was also working in the hollow bricks unit and also for fitting the building and he is entitled to get the payment for the same. While the complainant was affected with acute illness and so he demanded for the share of him in the sangham. But it was denied and so a legal notice was issued on 29.3.2011 stating that he would like to surrender his membership. Eventhough the opposite party received the notice, nothing was done and this petition is filed for getting the deposit amount with interest, share of the assets and profit of the business and also for compensation to the tune of Rs.50,000/-.
(cont.....2)
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2. As per the objection filed by the opposite party, it is admitted that the Navodaya Karshaka Sangham was formed by 17 unemployed youth in the year 2000. A licence was issued from the Kamakshi Panchayath for the hollow bricks unit in the year 2007 and also registered as a SSA unit in the Industrial Centre, Nedumkandam. It is also admitted that a loan of Rs.3 lakhs was availed from the Thankamany Service Co-operative Bank. All the 14 members of the sangham signed for getting the same. Two of the members named Tijo Philiph and Babu Kuruvikkunnel were resigned from the said sangham and they received the profit amount from the opposite party. The hollow bricks unit building was built by all the members of the opposite party and each of the member received Rs.175/- per day as wages for the same. The complainant who was in the charge of the hollow bricks unit several times avoided participation and his son who was a student was engaged in the operation of the same. Because of the absence of the complainant, several times the operation of the unit was discontinued. When the matter was questioned, he had threatened the opposite party. The rubble chips used for the manufacturing of hollow bricks were purchased in a lorry which contains a quantity of 300 feet of material, but the complainant accounted this as 335 feet of material. The said sangham has started in the year 2000 and the complainant never participated in the meeting of the sangham after 2008 and also never participated any of the working. So as per the bye-law, if the complainant is absent for 3 of the public meeting, they can dismiss the complainant without any notice. Even 3 notices were served to the complainant for participating in the public meeting, the complainant never appeared. So it was decided by all the members in the meeting conducted on 28.12.2008 to dismiss the complainant after giving the profit share to the complainant as Rs.6,871/-. Eventhough it was informed to the complainant, he never accepted the same and a lawyer's notice was issued to the opposite parties and it was duly received by the opposite parties. The complainant is not entitled to get any amount other than Rs.6,871/-.
3. The point for consideration is whether there was any deficiency in service on the part of the opposite parties, and if so, for what relief the complainant is entitled to?
4. The evidence consists of oral testimony of PW1 and Exts. P1 and P2(series) marked on the side of the complainant and oral testimony of DWs 1 and 2 and Exts. R1 to R9 marked on the side of the opposite parties.
5. The POINT :- The complainant produced affidavit and deposed as PW1. The pass book issued from the sangham is marked as Ext.P1 in which the balance amount is Rs.5,700/-. PW1 deposed that the opposite party never dismissed him from the sangham, but he himself requested to resign from the sangham and it was before 2 years back. There was a loan availed by the sangham from the bank. The delay for filing the suit is because the complainant was not repaid the loan availed from the sangham. The sangham was working in profit and the loan amount was repaying in every month. The complainant availed loan of Rs.3,000/- from the sangham and all the other members of the sangham is having loan from the sangham and the loan is not yet repaid by the complainant. The complainant has deposited Rs.5,700/- and is having a profit share of Rs.1,196/-. While he resigned from the sangham, after several request, the opposite party never disbursed the deposit amount and profit share of the complainant and so he was constrained to issue lawyer's notice to the opposite party and copy of the same with AD Card is marked as Ext.P2(series). It was received by the opposite party and the reply is marked as Ext.R2. There is a bye-law prevailing for the sangham and copy of the bye-laws is marked as Ext.R1. DW1 is the president of the opposite party and the original bye-laws were marked as Ext.R3. The original credit pass book of the sangham while availing the loan from the Thankamany Service Co-operative Bank is produced and marked as Ext.R4. The savings bank pass book of the sangham in the Thankamany Service
(cont.....3)
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Co-operative Bank is marked as Ext.R5. The original minutes book is produced and marked as Ext.R6. The complainant was continuously absent in the public meeting of the sangham and even after several notices issued to the complainant, it is decided to dismiss the complainant from the sangham and copy of the minutes book for taking the decision is marked as Ext.R8 and Ext.R9 is the AD Card for the receipt of the reply notice. DW2 is the driver who is supplying rubble chips for the sangham for the hollow bricks unit and the son of the complainant was also with DW2 at the time of supplying the chips, the quantity of the chips was 300 feet and it was directed by the complainant to inform at the sangham that the quantity of the rubble chips is 335 feet.
As per the complainant, due to illness and physical problem, he himself resigned from the opposite party sangham 2 years back and at that time he demanded for the profit share of the deposit and his wages for the works done for the construction unit. But the opposite party denied the same and so he constrained to issue a lawyer's notice to the opposite party and it is marked as Ext.P2(b). Eventhough it was duly received by the opposite party, but the amount was not at all given. As per the opposite party, the complainant was continuously absent in the public meeting held and he was not appearing in any of the function of the sangham and so it was decided to issue notice to the complainant and Ext.R7 is the copy of the decision of the minutes book and also decided to dismiss the complainant because the complainant was continuously absent even several notices were given to the complainant. The copy of the decision of the minutes book is marked as Ext.R8. The opposite parties were ready to give the entire deposit amount and profit share to the complainant after deducting the loan amount availed by the complainant. But the complainant was not ready to receive the same.
On cross examination by the learned counsel for the opposite party PW1 deposed that he is having a deposit of Rs.5,800/- at the opposite party sangham and he is entitled to get an amount of Rs.7,200/- with interest and the profit share of Rs.1,196/-. As per the opposite party, the complainant is entitled to get an amount of Rs.1,925/- as wages for the work done, but the complainant is having doubt about the same. It is specifically asked by the learned counsel for the opposite party that, is there any reason for the claim of Rs.50,000/- and the PW1 answered that there is no specific reason for the same. But he is entitled to get the profit share. It is admitted by the complainant that he availed loan of Rs.3,000/- from the opposite party and it is not at all repaid.
So we think that as per the decision of all of the members of the committee, it is decided to dismiss the complainant from the sangham because he was continuously absent and Exts. R7 & R8 also shows the same. There is no resignation letter issued to the opposite party by the complainant and copy of the same is not produced to show that the complainant unanimously resigned from there. So it is also admitted by PW1 that he is entitled to get only Rs.5,800/- as deposit with interest. But he is having doubt about the number of days of work done by him. But there is no evidence produced by the complainant to show that he has done work for a certain period and he is entitled to get a major amount as profit to him. As per Ext.R5 Savings Bank pass book of the sangham at the Thankamany Service Co-operative Bank, the entire balance as on 31.3.2011 is Rs.3,083/- only and there is no transactions between 7.2.2008 to 31.3.2011 in the Savings Bank pass book. But the complainant never challenged the Ext.R5 that there is no transactions between 7.2.2008 and 31.3.2011 in the pass book. So we think that the complainant never produced any evidence to show that the opposite party sangham is having such an amount of profit and the complainant is entitled to get the share of that profit. Never produced any account from the bank or statement of account from the sangham. The loan account of the sangham at the Thankamany Service Co-operative Bank is marked as Ext.R4. Ext.R4 shows that the loan is already cleared on
(cont....4)
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25.11.2010. Even there is no evidence produced by the complainant to claim an amount of Rs.50,000/-. When the opposite party cross examined the complainant, he deposed that there is no reason for the same and he is entitled to get the profit share. So we think that the case of the complainant is not at all believable and the complainant is entitled to get an amount of Rs.6,871/- from the opposite party Sangham as per the opposite party. But the opposite party never issued any notice to the complainant or never disbursed that amount at the time of dismissal. It is also admitted by the opposite party that they never issued any registered notice stating the same. Only a reply notice issued by the opposite party while the complainant issued lawyer's notice, stating that they are ready to give the amount to the complainant. So the opposite party should disburse the amount with interest to the complainant from the date of retirement.
Hence the petition allowed. The opposite parties are directed to disburse Rs.6,871/- to the complainant with 12% interest from the date of dismissal of the complainant from the Sangham as per Ext.R8, copy of minutes book in which the decision was taken. The opposite party is also directed to pay Rs.1,000/- as cost of this petition within 30 days of receipt of a copy of this order failing which the amount shall carry 12% interest per annum from the date of default.
Pronounced in the Open Forum on this the 29th day of August, 2011
Sd/-
SRI. LAIJU RAMAKRISHN (PRESIDENT)
Sd/-
SMT. BINDHU SOMAN (MEMBER)
APPENDIX
Depositions :-
On the side of the Complainant :-
PW1 - Francis Mathew
On the side of the Opposite Parties :-
DW1 - Abraham Mathew
DW2 - Anish C.B.
Exhibits :-
On the side of the Complainant :-
Ext.P1 - The pass book of the complainant issued from the sangham.
Ext.P2(series) - Copy of the lawyer's notice with AD Card and postal receipt.
On the side of the Opposite Parties :-
Ext.R1 - Copy of the bye-laws of the sangham.
Ext.R2 - The reply notice issued by the opposite parties.
Ext.R3 - The original Bye-laws of the sangham.
Ext.R4 - Credit pass book of the sangham issued from the Thankamany Service
Co-operative Bank Ltd.
Ext.R5 - The savings bank pass book of the sangham in the Thankamany Service
Co-operative Bank.
Ext.R6 - The original minutes book of the sangham.
Ext.R7 - Copy of the decision on 14.12.2008, in the minutes book of the sangham.
Ext.R8 - Copy of the decision on 28.12.2008, in the minutes book of the sangham.
Ext.R9 - Acknowledgement card received from the opposite party.
