D.O.F : 20/05/2023
D.O.O : 06/09/2024
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KASARAGOD
CC.145/2023
Dated this, the 06th day of September 2024
PRESENT:
SRI.KRISHNAN.K : PRESIDENT
SMT.BEENA.K.G : MEMBER
- V J Chacko, aged 68 years
S/o Joseph
Vadakkemuriyil, Kolichal
P O Kolichal – 671532.
Panathadi Village
- Santhosh V Chacko, aged 44 years
S/o V J Chacko
Vadakkemuriyil
Kallar P O
Rajapuram – 671532.
(Adv: M Narayanan, for complainant No. 1 &2) : Complainant
And
The Secretary
Kolichal Milk producers Co-operative Society
Kolichal
Reg No. 2/D
P O Kolichal,
Via Rajapuram – 671532. : Opposite Party
ORDER
SMT.BEENA.K.G : MEMBER
The complainants are members of opposite party Ksheera ulpadaka Sahakarana Sangam. The complainant No. 2 is the son of complainant No. 1. Both are doing dairy farming. The complainant No. 1 is entitled to get Rs. 13,546/- from opposite party as price of milk sold from 01/11/2022 to 20/12/2022. And the complainant No. 2 has to get Rs. 20,425 from opposite party. The opposite party is used to remit the price of the milk through bank account of customers. Except the two months, that is in November and December the entire price of the sold milk is received by the complainants. The director board of opposite party decided to audit the account of the Sangam and the expense was decided to meet by the director board. The auditor submitted the report and audit charge was Rs. 77,100/-. As per the decision of director board, the second complainant transferred the audit charge of Rs. 77,100/- from his account on 18/10/2022. The opposite party agreed to refund the amount within 1 week but so far it is not given even after repeated requests. In the meanwhile the permanent secretary of opposite party Sangam met with an accident and entered into medical leave and another person is appointed as secretary in charge. The secretary in charge is behaved in a rude and arrogant manner while asking the audit fee. The second complainant is a member in Grama Panchayat and social worker also. Due to the deficiency in service on the part of opposite party, the complainant had undergone huge monitory loss, mental agony and hardships. Hence this complaint is for necessary redressal. The reliefs claimed by the complainants are;
- To refund Rs. 13,546/- with 10% interest and with a compensation of Rs. 1,00,000/- with cost of litigation to complainant No.1.
- To refund Rs. 20,425/- with 10% interest along with Rs. 1,00,000/- compensation and cost along with the audit fee of Rs. 77,100/- with interest.
Notice of opposite party served, but not turned up.
The complainant filed proof affidavit in lieu of chief examination and documents produced are marked as Ext. A1 to A3. Ext. A1 is the copy of statement of account of complainant No. 2 from 01/10/2022 to 31/12/2022. Ext. A2 is the producer wise collection of complainant No. 1 between 01/11/2022 and 20/12/2022. Ext. A3 is the producer wise collection statement of complainant No. 2 from 01/11/2022 till 20/12/2022. The main questions raised for consideration are;
- Whether there is any deficiency in service/unfair trade practice on the part of opposite party in this complaint?
- Whether the complainant is entitled for relief?
- If so, what is the relief?
For convenience all issues can be discussed together. Here, the complainants are members of opposite party Sangam and are dairy farmers. The complainants were selling their milk to opposite party and opposite party used to give the price through their bank account. But the opposite party failed to give the price of milk to the complainants in two months, that is, in 2022 November and December. In the meanwhile, the director board of opposite party Sangam decided to audit the accounts of opposite party sangam and the expense was decided to meet by the director board. The auditor submitted the report and the opposite party Sangam directed the second complainant to give the audit charge on condition that the opposite party Sangam will refund the amount within one week. Thus the complainant No. 2 transferred Rs. 77,100/- from his account to opposite party’s account on 18/10/2022. Ext. A1 is produced to prove the same. But the opposite party failed to refund the amount within one week. Even after repeated requests, the amount is not given so far. In the mean while the permanent secretary of opposite party met with an accident and entered into medical leave. And a person is appointed as temporary secretary in charge. The secretary in charge is not ready to refund the audit charge and the price of the milk of the complainants from 2022 November to 2022 December. The complainant has produced Ext. A2 and A3 that is procedure wise collection of milk and its prices between 01/11/2022 and 20/12/2022. As far as a Cooperative Sangam is concerned, director board is bound to repay the audit charge. Here the complainant No.2 has transferred the audit charge from his personal account as per the direction of director board. The opposite party was agreed to repay the amount within one week and the director board is bound to give direction to the secretary in charge to refund the aforesaid amount to the complainant no. 2. It is very strange and shocking to notice that the director board has not taken any steps to refund the audit charge. The secretary is only an office bearer acting upon the directions of director board. In the absence of rebuttal evidence there is serious deficiency in service on the part of opposite party and the act of opposite party caused severe monitory loss and mental agony to the complainants. Both complainants are entitled to get price of the milk sold by them to the Sangam. The complainants are entitled for relief. The prayer of the complainants are,
- To pay the price of the milk of November to December, that is, Rs. 13,546/- with 10% interest along with a compensation of Rs. 1,00,000/- and cost.
- To refund Rs. 20,425/- with 10% interest with the audit charge of Rs. 77,100/- with interest along with compensation and cost.
The reliefs claimed by the complainants are reasonable. Both complainants are entitled to get the price of the milk sold by them to opposite party Sangam. But the compensation claimed by them are high and excessive and without any basis.
Therefore the complaint is party allowed directing opposite party to pay Rs. 13,546/- (Rupees Thirteen thousand Five hundred and Forty Six only) with 10% interest from 2022 November till payment with a compensation of Rs. 10,000/- (Rupees Ten thousand only) to the first complainant with 10% interest. The opposite party is directed to refund Rs. 20,425/- (Rupees Twenty thousand Four hundred and Twenty Five only) with 10% interest from 2022 November till payment along with refund of the audit charge of Rs. 77,100/- (Rupees Seventy Seven thousand One hundred only) with 9% interest from 18/11/2022 till payment with a compensation of Rs. 10,000/- (Rupees Ten thousand only) to the second complainant along with a cost of litigation of Rs. 5,000/- (Rupees Five thousand only) to the complainants within 30 days from the date of receipt of copy of this order. The complainants are entitled to get cost of altogether Rs. 5,000/- (Rupees Five thousand only) from the opposite party.
Sd/- Sd/-
MEMBER PRESIDENT
Exhibits
A1 – copy of the statement of account of complainant No.2
A2 – Producer wise collection of complainant No. 1
A3 – Producer wise collection of complainant No. 2
Sd/- Sd/-
MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
JJ/