D.O.F:05/11/2018
D.O.O:24/06/2022
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION KASARAGOD
CC.No.178/2018
Dated this, the 24th day of June 2022
PRESENT:
SRI.KRISHNAN.K :PRESIDENT
SRI.RADHAKRISHNAN NAIR.M : MEMBER
SMT.BEENA.K.G : MEMBER
B. Radhakrishnan, aged 70 years,
S/o P. Bhaskara Menon,
“Shyama”
Near Kushal Nagar Railway Gate, : Complainant
Post Kanhangad
(Adv: Sudhir.M & T.C Narayanan)
And
The Secretary,
Hosdurg Service Co-operative Bank Ltd, C- 1068, : Opposite Party
Head Office, Hosdurg, Post Kanhangad
(Adv: Babuchandran.K)
ORDER
SRI.KRISHNAN.K :PRESIDENT
The case of the complainant is that he is a member of the Opposite Party bank since 1981and availed a loan from Opposite Party by pledging his little deeds. For the purpose of filing necessary application to delete complainant’s property from data prepared by the authorities, the complainant approached the Opposite Party for issuing a certificate stating that his title deeds are deposited with the Opposite Parties head office bank. To the utter surprise of the complainant it was informed that certificate will be issued only on remitting the required fee amount. When the complainant politely reminded the fact that he is a member of the bank, the officials of Opposite Party passed a sarcastic comment to the effect that “nothing will happen without money”. Since the last date for filing the application to the delete the properly from data bank was over. The complainant was forced to pay the amount demanded Rs.12/- by the Opposite Party on 08/12/2016 and accordingly a certificate dated 08/12/2016 was issued.
The Opposite Party has given a false and evasive reply to the said letter stating that the Board has taken to increased introduce various rate for issuance of certificates and supplied a copy of the resolution of the board. The resolution does not authorize the bank to collect fees for issuing certificate to the effect that documents are pledged before the bank. The act of collecting the amounts to is also illegal and complainant seeking relief of refund of money with interest and cost and compensation.
2. The Opposite Party filed a version denying the allegations that the complainant is not a consumer from the Opposite Party, he has not availed any service and this Honurable Forum has no jurisdiction to contest this complaint. The averment that he is the member of the Opposite Party, complainant availed a loan (CCL) from Opposite Party in respect of the property and certificate issued only on remitting the required fee/amount is admitted. The averment of the complaint that the complainant requested to issue certificate stating that his title deeds are pledged before the bank, for resurvey purpose and at the time also Opposite Party demanded amount and certificate was issued after remitting the amount and the complainant was asked to pay an amount of Rs. 12 (10+2) and accordingly he paid the same on 17/10/2017 on amount is seen collected service fee etc, are true and admitted. The complainant made enquiries about collection of amount towards issue of certificate and no other co-operative society charge such amount that the Opposite Party bank alone charging or there is no decision by the board of directors of Opposite Party bank to collect such amount for issuing certificate etc are, denied. There is nothing unfair and illegal trade practice. Complainant has caused to send a notice but denied that no reply is given. There is no deficiency service. The bank charging nominal amount for issuing certificate and copy of documents and bank documents the reason behind such a resolution passed by the Board of Directors presented before the general body meeting and obtained assent from the general body. This complaint to be dismissed.
Complainant produced documents marked as exhibits, complainant was examined as Pw1. Opposite Party produced documents and marked as Ext B1 to B3.
Considering the contentions raised by parties, following points arise for consideration in the case.
a) Whether there is any deficiency in service management of Opposite Party society in collecting service charges for issue of certificates in compliance of its resolutions and if so whether complainant is entitled to any compensation and if so for what reliefs?
Complainant being member of the Opposite Party bank is bound to the bye laws as well as resolutions passed by the managing committee as well as general body of the society.
As per the provisions of the Co-operative society the management of the society would lie within the society and the powers to manage and administrator, the society will be absolute members of the society. The Opposite Party bank has passed such resolutions which are accepted by all the members of the society. There is no reason why complainant who is also a member of the society should not accept the resolution. No challenge is made before registrar of Co-operative society if really aggrieved by the resolution the provisions of the Co-operative Society Act.
Furthermore in the complaint no challenge is made against the resolution of society in deciding to collect charges to issue certificates service charges fixed is very normal on considering costs and expenses resolution is passed in the year 2009. And charges continue without any increase was in 2017when complainant made his request for issue of certificate. After all Co-operative society itself is formed for its members, they elect its management and very existence is most important for all members of society.
So by implementing the resolutions passed by the society and in not challenging their authorities to pass such resolutions, collection of its service charges for issue of certificates that too normal is in the best interest of its member and very development of co-operative society and thus there is no deficiency in service from Opposite Party in implementing the resolution, no negligence and complainant is not entitled to any reliefs and the devoid of any merits and thus complaint is dismissed without any order as to costs.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exhibits
A1- Certificate Dt: 08/12/2016
A2- Certificate Dt: 17/10/2017
A3-Cash/Receipt Dt: 17/10/2017
A4- Copy of the notice sent by the complainant to the Opposite Party Dt:29/01/2018
A5- A Registered letter Dt: 29/01/2018
A6- A letter Dt: 14/02/2018
A7- copy of the notice sent by the complainant to the OP Dt: 22/02/2018
A8 & A9 – copy of Agenda
A10- Copy of the notice sent by the complainant to the OP Dt: 12/07/2018
A11- Photocopy of the reply given the OP Dt: 07/06/2018
B1- True attested copy of the extract of the minutes
B2-Acknowledgment receipt
B3-Acknowledgment Receipt
Witness Examined
Pw1- Radhakrishnan.B
Dw1- Prasannalatha.A
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
Ps/
