BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, VELLORE DISTRICT AT VELLORE. PRESENT: THIRU. A. SAMPATH, B.A., B.L., PRESIDENT TMT. G. MALARVIZHI, B.E. MEMBER – I THIRU. K. DHAYALAMURTHI,B.SC. MEMBER – II CC.38 / 2007 MONDAY THE 25th DAY OF JULY 2011. R. Anbalagan, S/o. P.M. Radhakrishnan, Pulukoodarpalli Village, Alangayam Post, Vellore District 635 701. … Complainant. - Vs – 1. The Secretary, Primary Agricultural Co-operative Bank, Kollar Street, Alangayam and Post, Vellore District. 2. The Deputy Registrar, Co-operative Bank, Tirupattur, Vellore District. 3. The Joint Registrar of Co-operative Societies, Collectorate, Sathuvachari, Vellore – 9. 4. The Registrar, Co-operative Societies, E.V.R. Periyar Maligai Kilpauk, High Road, Chennai. … Opposite parties. . . . . This petition coming on for final hearing before us on 27.6.11, in the presence of Thiru. B. Krishnan, Advocate for the complainant and Thiru. T.A.Md.Akbar Basha, Advocate for the opposite parties 1 to 4, and having stood over for consideration till this day, the Forum made the following: O R D E R Pronounced by Thiru. A. Sampath, President of the District Consumer Disputes Redressal Forum, Vellore District. 1. The brief facts of the case of the complainant is as follows: The complainant is the owner of the landed prosperities in S.No.696/1, 0.65.5 Hectare S.No.696/2 0.73.5 Hectare and S.No.708/B 0.49.0 Hectare situate in Nimmiyampattu Revenue Village, Vaniyambadi Taluk, Vellore District. The complainant got a loan from Alangayam Primary Agricultural Co-operative Bank and raised Plantain crops. His membership number is No.2473. The complainant had spent sum of Rs 85,400/- in all for raising the plantain crops in his lands. The complainant had insured the plantain crops for which the Alangayam Primary Agricultural Co-operative Bank had received insurance premium from on 10.11.2006 and assuring protection for crops and also assured to pay and satisfy the claim for loss and damages if any had occurred for the crops. There was a heavy rain and blowing of winds during the month of April 2007, which had devastated plantain crops raised by the complainant in his lands. Resulting in causing loss and damages to 2136 plantain plants which estimated as a loss of Rs.72,480/- by the Assistant Agricultural Officer, Agricultural Extension Center, Alangayam on his inspection of complainant property on 19.04.2007 and also issued a certificate about the loss and damages of plantain crops. The complainant filed a petition on 21.04.2007 to the Secretary, Primary Agricultural Co-operative Bank, Alangayam claiming the insurance amount for the loss and damages of plantain crops raised in complainant lands. The above said bank issue receipts of premium of plantain crops under the receipts dated: 10.11.2006. The 1st opposite party has evaded settling the claim of the complainant inspite of repeated demands and reminders of the complainant. The complainant has send the petition to the Collector of Vellore District requesting to direct the concerned authority to pay the plantain crops insured amount to the complainant. The 1st opposite party had issued reply dated: 10.05.2007 stated the reply admitted they are not paid insurance premium. He had issued a lawyer’s notice on 12.06.2007 and 16.05.2007 calling upon the opposite parties to pay the aforesaid amount. There is deficiency of service by the opposite parties in the discharge of their duties in respect of crop insurance of plantain crops even though the insurance premium was sum of Rs.3,831/- paid on 10.11.2006. The complainant prays this Forum for directing the opposite parties to pass an award of compensation and decree to pay the complainant a sum of Rs.1,27,480/- with interest at 12% per annum and award the cost of the complaint. 2. The averment in the counter filed by the 1st & 2nd opposite parties and adopted by the 3rd and 4th opposite parties are as follows: The opposite parties does not admit any of the allegations contained in the complaint except those that are expressly admitted herein. The Alangayam Primary Agricultural Co-operative Bank is a Co-operative Society registered under the Tamil Nadu Cooperative Societies Act 1983 and the management of the society is exclusively vested with the board of directors elected under the provision of the Tamil Nadu Co-operative Societies Act 1983. Now a Special Officer in the cadre of Co-operative Sub Registrar is working in the society and he is vested with all the powers of the board of management of the society. The subject matter is pertaining to a dispute between the complainant and the said society. Hence the present claim is unsustainable. The 2nd, 3rd, 4th opposite parties were added as unnecessary party to the claim and on the ground itself the complaint may be dismissed with the costs of the opposite parties. The complainant is a member of the said society and any dispute between the member and the society can be agitated only before the Circle Deputy Registrar of Cooperative Societies under section 90 of the Tamil Nadu Co-operative Societies Act 1983. The Alangayam Primary Agricultural Co-operative Society has to function independently in accordance with the provision of the Tamilnadue Co-operative Societies Act and Tamilnadu Co-operative Societies Rules and its by laws. Neither the Registrar of Cooperative Societies nor the Joint Registrar of Co-operative Societies nor the Deputy Registrar of Cooperative Societies having any direct nexus with the affairs and day to day administration of the said society and hence the 2nd 3rd and 4th opposite parties cannot be held responsible for the claim made by the complainant. 3. The Loan advanced to the complainant under Loan No.61 dt. 10.11.06 for Rs.30,000/- was totally along with interest waived under the Central Government Loan Waived Scheme on 24.10.08 and the same was intimated to the complainant herein and there is no loan outstanding due with the complainant. The complainant’s loan account with the opposite parties society has been closed. Hence the complainant is not entitled to claim any amount from the opposite parties. The complainant is not a consumer as contemplated under the C.P. Act 1986, as there is no privity of contract between the complainant and these opposite parties. There is no deficiency of service as contemplated under the said Act on the part of these opposite parties. The 2nd, 3rd and 4th opposite parties viz the Registrar of Co-operative Societies Joint Registrar and Deputy Registrar are the executive limbs of the State Government and they are purely Government Servants and not the owners of the co-operative society. Further these opposite parties cannot be held liable and assume responsibilities for the affairs of co-operative societies, which are non Government institution. The 2nd, 3rd and 4th opposite parties were impleaded as unnecessary parties to the complaint and hence the complaint may be dismissed. The Honble Supreme Court of India in Union of India V.R.K.L.D.Azad (SC 1990 page 839) has dismissed similar appeal filed against the collector of stamps wherein Supreme Court has held that officers appointed under Registration Act and Stamp Act, do not render any service within the meaning of C.P. Act 1986 and that they perform statutory duties which are atleast quasi judicial. This order of the Supreme Court squarely applies to the present case, as the Registrar of Co-operative Societies, Joint Registrar and Depute Registrar appointed under the Tamilnadu Co-operative Societies Act 1983, perform statutory duties and they do not render any service within the meaning of the C.P. Act 1986. The complaint filed by the complainant is not maintainable either in law or facts of the case and it barred by limitation and the complaint is premature one and the same is deserves to be dismissed. It is therefore prays that this Forum may be pleased to dismiss the complaint with costs of the opposite party. 4. Now the points for consideration are: a) Whether there is any deficiency in service, on the part of the opposite parties? b) Whether the complainant is entitled to the reliefs asked for?. 5. Ex.A1 to ExA17 were marked on the side of the complainant and no documents were marked on the side of the opposite party. Proof affidavit of the complainant and Proof affidavit of the opposite party have been filed. No oral evidence let in by either side. 6. POINT NO. a) The complainant contended that he had insured the plantain crops for which the 1st opposite party had received Insurance premium from on 10.11.06, and assuring protection for crops and also assured to pay the claim for loss and damages if any had occurred for the crops. There was a heavy rain and blowing of winds during the month of April 2007 which had devastated plantain crops raised by the complainant in his lands, resulting in causing loss and damages to 2136 plantain plants which estimated as a loss of Rs.72,480/- by the Assistant Agricultural Officer, Agricultural Extension Center, Alangayam on his inspection of complainant property on 19.4.07 and also issued a certificate Ex.A4. The complainant filed a petition Ex.A5 on 21.4.2007 to the 1st opposite party claiming the insurance amount for the loss and damages of plantain crops raised by the complainant’s lands. The 1st opposite party had issued reply dt. 10.5.07 stated that insurance premium was not paid. Hence there is deficiency of service on the part of the opposite parties in discharge of their duties in respect of crop insurance of plantain crops, even though the insurance premium was sum of Rs.3,831/- paid on 10.11.06. 7. The opposite parties contented that the 1st opposite party registered under the Tamil Nadu Co-operative Societies Act, 1983 and the Management of the Society is exclusively vested with the board of directors elected under the provision of the Tamil Nadu Co-operative Societies Act, 1983. Now a Special Officer in the cadre of Co-operative Sub Registrar is working in the society and he is vested with all the powers of the board of management of the society. The complainant is a member of the said society and any disputes between the member and the society can be agitated only before the Circle Deputy Registrar of Co-operative Societies under section 90 of the Tamil Nadu Co-operative Societies Act, 1983. Hence the 2nd, 3rd and 4th opposite parties cannot be held responsible for the claim made by the complainant. It is further contended that the loan advanced to the complainant under loan No.61 dt. 10.11.96 for Rs.30,000/- was totally along with interest waived under the Central Government Loan Waived Scheme on 24.10.08 and the same was intimated to the complainant herein and there is no loan outstanding due with the complainant. The complainant’s loan account with the opposite parties society has been closed. Hence the complainant is not entitled to claim any amount from the opposite parties. There is no deficiency of services as contemplated under the said Act on the part of these opposite parties. 8. The complainant has not denied the contention of the opposite parties that any dispute between the member and the society can be agitated only before the Circle Deputy Registrar of Co-operative Societies under section 90 of the Tamil Nadu Co-operative Societies Act 1983. The complainant also has not dined the contention of the 1st opposite party that the loan advanced to the complainant under Loan No.61, dt. 10.11.06 for Rs.30,000/- was totally along with interest waived under the Central Government Loan Waived Scheme on 24.10.08 and the same was intimated to the complainant herein and there is no loan outstanding due with the complainant. 9. Further, it is admitted facts of the parties that the complainant filed a petition Ex.A5, dt.21.4.07 to the 1st opposite party claiming the insurance amount for loss and damage for plantain crops raised in complainant’s land. The 1st opposite party had issued a reply letter Ex.A10, dt. 10.5.07 stated that they are not paid insurance premium. The contention of the 1st opposite party that the loan advanced to the complainant was totally along with interest waived under the Central Government Loan Waived Scheme on 24.10.08 and the same was intimated to the complainant, the said premium amount kept complainant’s account under anomalies and informed him that the said premium amount to receive the said premium amount adjusted to the complainant’s loan account. The 1st opposite party has sent a letter Ex.A9, dt. 7.5.07 to the complainant stated as follows: bghUs;: fhg;g[Wjp – thiH Bjhl;lk; - gyj;j fhw;why; cile;jJ – nHg;g[j; bjhif BfhUjy; . jfty;: 1. jA;fspd; 21.4.07k; Bjjpa fojk;. 2. Bj.Bt. fhg;gPl;L fHfk; fojk; 345/05, ehs;: 18.5.05. 3. khtl;l Ml;rpj;jiyth; mth;fSf;F vGjpa foj 824/05-06, ehs;: 11.06.05. . . . jfty; 1y; fz;l jA;fs; fojj;jpy; gyj;j fw;why; thiHj; Bjhl;lk; cile;J nHg;g[ Vw;gl;ljhy;, nHg;g[ bjhif, bgw;w fld; bjhif js;Sgo bra;a Bfhhpf;if kD rkh;g;gpj;Js;sPh;fs;. mjid ghprPyid bra;jjpy; fhg;g[Wjp epWtdk; tpjpKiwfspd;go / fPH;fz;l elKiwfs; gpd;gw;wp, Fiwthd kfR{y; nUf;Fk; gl;rj;jpy; (fhg;g[Wjp epWtdk; mspf;Fk; el;lj;bjhif) el;lj;bjhif tHA;fg;gl;L tUfpwJ. gpd;gw;wg;gLk; eilKiw: khepy muR khjphp tpiyf;fy; / kfR{y; Brhjid K}yk; xU Fwpg;gpl;l gapUf;F Fwpg;gpl;l nlA;fis bjhpt[ bra;ag;gl;L gaph;ghpBrhjid, kfR{iy xt;bthU gUtj;jpw;Fk; fzf;fpl;L bra;J, Fiwthd kfR{y; bgWk; gl;rj;jpy; fhg;gPL bra;ag;gl;l gapUf;F fhg;gPL bra;jtw;F nd;Rud;!; fk;bgdpahy; el;lj;bjhif tHA;fg;gLk;. The 1st opposite party again sent a letter Ex.A10, dt. 10.5.07 to the complainant stated as follows: bghUs;: thiH Bjhl;lk; gyj;j fhw;wpy; kuA;fs; cile;jjhy; nHg;g[ Nl;Lj; bjhif BfhhpaJ rk;ke;jkhf. jfty;: jA;fs; fojk; ehs;: 21.4.2007. . . . jftypy; fz;Ls;sgo jhA;fs; C2448 MyA;fhak; bjhlf;f Btshz;ik Tl;Lwt[ tA;fpapy; 10.11.2006e; Bjjpapy; 10.11.06 Vf;fh; epyk; thiH bra;tjhf MtzA;fs; tHA;fp U}.30,0000.00 fld; bgw;Ws;sPh;. BkYk; mf;flDf;F gA;Fj; bjhif U}.3,000.00 nd;R{ud;!; bra;a U}.816.00 tpgj;J fhg;gPl;Lj; bjhifahf U}.1500Mf bkhj;jk; U}.3831.00 brYj;jpa[s;sPh;. ika tA;fpapd; Rw;wwpf;if e.f.824/2005g;gp ehs;: 16.06.2006e; Bjjpapy; Btshz;ik fhg;gPl;L epWtdj;Jf;F fhPg; gUtj;Jf;F Vg;uy; Kjy; brg;lk;gh; tiu fhg;gPL brYj;j cj;jput[ te;jjpd; Bghpy; thiHg; gapUf;F nd;R{ud;!; thiH gaph; bra;J fld; bgw;w cWg;gpdh;fsplk; nUe;J nd;R{ud;!; bjhif tR{y; bra;J ika tA;fp K}yk; fhg;gPl;L epWtdj;Jf;F fhg;gPl;Lj; bjhif brYj;jg;gl;lJ. BkYk; mjd; gpwF ika tA;fpapy; nUe;J 30.11.2006 tiu fhg;gPl;Lj; bjhif brYj;j ve;j cj;jput[ fojk; tug;bgwhjjhy; jA;fsplk; tR{y; bra;j nd;R{ud;!; bjhif (Insurance SL) mdhkj;J fzf;fpy; itf;fg;gl;Ls;sJ. vdBt, mj;bjhif nUrhy; bra;ahky; jA;fs; fzf;fpy; bjhlf;f Btshz;ik Tl;Lwt[ tA;fpapy; cs;sJ. vdBt, jhA;fs; mj;bjhifia buhf;fkhfBth my;yJ jA;fs; fld; fzf;fpw;Bfh tut[ itj;Jf; bfhs;SkhW jA;fSf;F bjhptpj;Jf;bfhs;fpBwd;. 10. From the perusal of letters Ex.A9 and Ex.A10, it is clear that the 1st opposite party collected the premium amount from the complainant, and the same sent to the Central Co-operative Bank, Vellore, but the Central Co-operative Bank have not sent any order to deposit the said premium amount till 30.11.2006. Therefore the 1st opposite party kept the said premium amount in the complainant’s account under Anomalies. The 1st opposite party have also intimated to the complainant through a letter Ex.A10 on 10.5.07, that to receive the said premium amount or adjusted the complainant’s loan account. Thereafter the complainant had filed this compliant before this Forum on 17.6.07. The loan advanced to the complainant was totally waived under the Central Government Loan Waived Scheme on 24.10.08 and there is no loan out standing due to the complainant and the same was intimated to the complainant. According to the 1st opposite party that the premium collected from the complainant adjusted his loan account and the loan advanced to the complainant was totally waived under the Central Government Loan advanced Scheme on 24.10.08, and the complainant’s account with the opposite parties societies has been closed. Hence the complainant is not entitled to claim any amount from the opposite parties. Admittedly, the complainant’s plantain crops have not insured with the insurance company and the premium amount collected from the complainant kept in the complainant’s account under anomalies, and then it was adjusted with his loan account and the same was intimated to the complainant through a letter Ex.A10 dt.10.5.07. Therefore, the contention of the complainant that there is deficiency of service on the part of the opposite parties in discharge of their duties in respect of crop insurance of plantain crops even though the insurance premium was sum of Rs.3831/- paid on 10.11.06 is not acceptable. 11. Hence, taking all the above facts into consideration from the contention in the complaint and the counter, as well as proof affidavit of the both the parties, and from the documents Ex.A1 to A17, we have come to the conclusion that the complainant herein has not clearly proved the deficiency in service on the part of the opposite parties herein. Hence we answer this point (a) as against the complainants herein. 12. POINT NO : (b) In view of our findings on point (a), since, we have come to the conclusion that the complainant herein has not clearly proved the deficiency in service on the part of the opposite parties herein. We have also come to the conclusion that the complainant is not at all entitled to any relief asked for by him, in this complaint. Hence we answer this point (b) also as against the complainant herein. 13. In the result this complaint is dismissed. No costs. Dictated to the Steno-typist and transcribed by her, corrected and pronounced by the President, in Open Forum, this the 25th day of July 2011. MEMBER-I MEMBER-II PRESIDENT. List of Documents: Complainant’s Exhibits: Ex.A1- -- - X-copy of Patta. Ex.A2- 10.11.06 - X-copy of Receipt. Ex.A3- -- - X-copy of Insurance Premium Receipt. Ex.A4- 19.4.07 - X-copy of Estimate Certificate. Ex.A5- 21.4.07 - X-copy of requisition of Insurance Claim letter by the complainant. Ex.A6- -- - X-copy of Ack. of District. Collector filed by the complainant. Ex.A7- -- - X-copy of Ack. of the Vellore Dist. Central Co-operative Bank. Ex.A8- -- - X-copy of Monday Petition Acknowledgement. Ex.A9- -- - X-copy of the Reply letter of the Vellore District Central Co-operative Bank. Ex.A10- 10.5.07 - X-copy of reply letter by opposite party. Ex.A11- 16.5.07 - X-copy of Lawyer Notice. Ex.A12- 12.6.07 - X-copy of Lawyer Notice. Ex.A13- -- - X-copy of Postal Ack. Ex.A14- -- - X-copy of Postal Ack. Ex.A15- -- - X-copy of Postal Ack. Ex.A16- -- - X-copy of Postal Ack. Ex.A17- -- - Photo with negatives. Opposite parties’ Exhibits: .. Nill.. MEMBER-I MEMBER-II PRESIDENT.
| | [ Hon'ble Tmt G.Malarvizhi, B.E] MEMBER[ Hon'ble Thiru A.Sampath, B.A., B.L] PRESIDENT[ Hon'ble Tr K.Dhayalamurthy, Bsc] MEMBER | | 
