BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD : THIRUVANANTHAPURAM

PRESENT

SHRI. P. SUDHIR                                :         PRESIDENT

SMT. SATHI. R                                   :         MEMBER

SMT. LIJU B. NAIR                            :         MEMBER

                                              C.C.No: 443/2016     Filed on 09/09/2016

                                            Dated:  31..08..2017

Complainant:

K. Vikraman Pillai, Savitham, Punnaikkamukal, Thiruvananthapuram – 695 032.

                    (Party in person)

Opposite parties:

1. The Secretary, V.M. Mills Employees Co-operative Credit Society, Thirumala, Thiruvananthapuram – 695 006.

2. The Joint Registrar, Co-operative Societies (General) Kaithamukku, Vanchiyoor, Thiruvananthapuram.  

          This C.C having been heard on 20..06..2017, the Forum on 31..08..2017 delivered the following:

ORDER

SMT. R. SATHI, MEMBER:

          The case of the complainant is that he is a pensioner and he deposited a portion of pension benefits with the opposite party Society. He deposited Rs. 35,000/- on 13/4/2014 for 13% interest and the due date is 12/5/2015. He also deposited Rs. 1,00,000/- for 10% interest on 18/4/2015 and the due date is 18/7/2015. But even after the due dates the Society did not repay the fixed deposits amount with interest. The complainant approached the opposite party for refund, but no amount was refunded. So he approached this Forum for directing the opposite party to refund Rs. 1,35,000/- with interest along with compensation.

          2. The opposite parties accepted notice and 2^nd opposite party filed their versions.

          The 2^nd opposite party filed version stating that the 1^st opposite party Society was formed only for the welfare and benefits of the employees of the Vijayamohini Mill. The existing governing body of the 1^st opposite party was dissolved on 29/12/2015 and now the same is functioned from 31/3/2016 under the governance of the part time administrator.  The 1^st opposite party failed to submit the audit report on time. The last time 1^st opposite party preferred audit for the financial year 2006 -2007. Thereafter the 1^st opposite party failed to maintain proper books of accounts. This opposite party received many complaints with regard to the 1^st opposite party and on enquiry it is found that a lady official is enrolling persons who are not members of Mill to the 1^st opposite party against the circular issued by the Co-operative Societies Registrars. The complainant had deposited the amount without looking into the legal eligibility of the 1^st opposite party for receiving deposits from outsiders is not at all justifiable. This opposite party has initiated all legal proceedings against 1^st opposite party for the misappropriation. It is further submitted that this opposite party shall take all hasty steps to ensure that the depositors who have deposited with the 1^st opposite party shall be refunded at the earliest after complying legal formalities. This Forum has no jurisdiction to entertain a complaint as this is not a consumer dispute. Hence complaint is only to be dismissed.

          The complainant filed affidavit in lieu of chief and marked Exts. P1 and  P2. No evidence from opposite parties’ side.

          3. Issues:

(i) Whether there is any deficiency of service or unfair trade practice on opposite parties’ side?

(ii) Whether the complainant is eligible for the reliefs as sought for?

4. Issues (i) & (ii):The case of the complainant is that he is a pensioner and he deposited a portion of pension benefits with the opposite party Society. He deposited Rs. 35,000/- on 13/4/2014 for 13% interest and the due date is 12/5/2015. He also deposited Rs. 1,00,000/- for 10% interest on 18/4/2015 and the due date is 18/7/2015. But even after the due dates the Society did not repay the fixed deposits amount with interest. The complainant approached the opposite party for refund, but no amount was refunded. So he approached this Forum for directing the opposite party to refund Rs. 1,35,000/- with interest along with compensation. The 2^nd opposite party filed version stating that the 1^st opposite party failed to file audit report after 2006 – 2007. Now the 1^st opposite party under the governance of part time administrators. The 2^nd opposite party has taken steps to refund the amounts of the depositors. The 2^nd opposite party also submitted that the complainant deposited the amount with 1^st opposite party without looking into the legal eligibility of the 1^st opposite party for receiving deposits from outsiders. Meanwhile the 2^nd opposite party also stated that the official of 1^st opposite party enrolled persons who are not member of employees of the Vijyamohini Mills. The 2^nd opposite party blames the complainant who is an ordinary person who was not aware of the internal matters. But the 2^nd opposite party very well knows that the 1^st opposite party was not maintaining the audit reports etc regularly. It is the 2^nd opposite party to look into the daily affairs of the 1^st opposite party. The complainant deposited the amount in 2014 & 2015, very long after the 1^st opposite party found that there is irregularity with the functioning of 1^st opposite party. This Forum has jurisdiction to entertain the complaint filed against the opposite parties as this is not a dispute between a member and society. Here there is deficiency of service and unfair trade practice on opposite parties side. The 1^st opposite party is under the control of 2^nd opposite party, and therefore 2^nd opposite party is also jointly liable. Therefore complaint is allowed by directing the opposite parties to refund the amounts in Exts.P1& P2 with interest mentioned in receipt. That is to refund Rs. 35,000/- with 13% from 13/4/2014 and Rs. 1,00,000/- with 10% interest from 18/4/3015 till payment.

In the result, complaint is allowed directing the opposite parties to refund the amounts in Exts. P1 & P2 with interest mentioned in receipts. That is to refund Rs. 35,000/- with 13% interest from 13/4/2014 and Rs. 1,00,000/- with 10% interest from 18/4/2015 till payment. If the above said amount is not paid within two months of receipt of this order by opposite parties, the complainant can initiate further proceedings to execute the order.  

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room. 

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 31^st day of August, 2017.

 Sd/- R. SATHI                :         MEMBER

 Sd/-P. SUDHIR              :         PRESIDENT

  Ad                         sd/- LIJU B. NAIR         :         MEMBER

C.C.No: 443/2016

APPENDIX

  I.  Complainant’s witness         :         N I L

 II. Complainant’s documents:

          P1      :  Fixed deposit receipt for Rs. 1,00,000/- dated 18/04/2016

          P2      :  Fixed deposit receipt for Rs. 35,000/- dated 13/4/2014

III. Opposite parties’ witness               :         N I L

IV. Opposite parties’ documents          :         N I L

Sd/-PRESIDENT

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