Tamil Nadu

Nagapattinam

CC/45/2014

T. Manivanan - Complainant(s)

Versus

The Secretory Z-A.421 Kachanam primary Agricultural Co-op Bank Ltd and One another - Opp.Party(s)

T. Vairavanathan

10 Aug 2015

ORDER

                                                                                                  Date of Filing      : 06.11.2014

                                                                                         Date of Disposal: 10.08.2015

           

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

NAGAPATTINAM

 

PRESENT: THIRU.P.G.RAJAGOPAL, B.A.B.L.,         …..PRESIDENT

    Tmt. R.GEETHA, B.A.,                             …. MEMBER II

 

CC. No.45/2014

 

DECIDED ON THIS 10^th  DAY OF AUGUST 2015.

 

T. Manivanan

S/o Thiyagarajan

East Street, Kachanagaram,

Thirukkuvalai Taluk,

Nagapattinam.                                   … Complainant

                                                                                      

                                                                /versus/

 

1. The Secretary,

Z-A.421, Kachanam Primary Agricultural

Co-operative Credit Society Ltd.,

Kachanam.

2. Personal Officer,

Central Co-operative Bank,

Kumbakonam.

    

        

            This complaint having come up for final hearing before us on 03.08.2015, on perusal of the material records and on hearing the arguments of Thiru.T.Vairavanathan, Counsel for the complainant, the opposite parties originally represented by Thiru.P.Rajavel and subsequently set exparte and having stood for consideration, till this day the Forum passed the following

 

 

ORDER

     By the President, Thiru.P.G.Rajagopal, B.A.B.L., 

          This complaint is filed by the complainant u/s 12 of the Consumer Protection Act 1986.

                        2. The gist of the complaint filed by the complainant is that out of the extent of 15 ma of lands owned by him in Kachanam village, he was paid a sum of Rs.37,800/- by the 1^st opposite party towards drought relief fund for the extent of 8 ma of land and for the remaining 7 ma of land compressing in survey nos 67/10, 100/3, 100/4, 100/6, 100/7, 70/9, 70/10 and 70/11, a sum of Rs.35,000/- is to be paid to him at the rate of Rs.5000/- per ma. But the said amount is understood to have been paid to some other persons.  Despite repeated requests made by him and the notice sent by him through his lawyer, the opposite party has neither sent any reply nor paid the drought relief fund.  It is sheer deficiency of service on his part and the complainant prays for an order to direct the opposite parties to pay a sum of Rs.35,000/-, to pay a sum of Rs.50,000/- towards compensation for the mental agony and hardship caused to him, to direct the opposite party to furnish him with the statement of account relating to the disbursement  of the drought relief fund to the agriculturists in Kachanam village, to pay Rs.5,000/- towards cost of this litigation and to grant such and other reliefs as this Hon’ble Forum may deem fit.

                        3. The gist of the written version filed by the 1^st opposite party and adopted by the 2^nd opposite party is that the complainant is not a member of the 1^st opposite party society and he has given his savings bank account no as his membership number by mistake.  Further the land comprised in survey nos. 67/10, 100/3, 100/4, 100/6, 100/7, 70/9, 70/10 and 70/11 all belong to various persons such as Tmt.Saroja w/o Pakkirisamy, Pakkirisamy s/o Idumban, Laxmanan S/o Govindasamy, Elangovan S/oThangavel, Suresh s/o Muthukumaran, Duraiyan s/o Varadharajan, Chokkalingam s/o Iyaru and they have recived their respective drought relief fund sanctioned to them and the extract of the drought relief fund register is filed in evidence thereof. Therefore there is no deficiency of service on the part of the opposite party  and the list of beneficiaries  to receive the drought relief fund is prepared only by the Revenue Officials and the 1^st opposite party is only acting accordingly, therefore the complaint liable to be dismissed.

                        4. The complainant has filed his proof affidavit in proof of his claim and filed 8 documents which are marked as Exhibits A1 to A8.  On the side of the opposite parties the written version had been filed. But proof affidavit in corroboration of their averments in the written version is not filed by the opposite parties, despite several adjournments granted therefor and therefore finally the opposite parties were set exparte on 15.06.2015.  Written arguments have been submitted by the complainant’s counsel.

5.  Points for consideration:-

 

                        1. Whether there is any deficiency of service on the part of the opposite  parties?

                                   2. Whether the complainant is entitled to any relief? If so to what?

                        6. Point 1: The complainant’s allegation is that he owned 15 ma of land in Kachanam village, but drought relief fund had been given to him only for 8 ma and for the remaining 7 ma, the 1^st opposite party has not paid the drought relief fund and it is understood to have been paid to some other persons.  For the notice sent by the complainant through his lawyer, the 1^st opposite party has neither sent a reply nor complied with the complainant’s demand.  It is sheer deficiency of service on the part of the opposite parties and the complainant. 

7. The complainant has filed Exhibit A1, the Savings Bank Passbook with the 1^st opposite party, Exhibit A2 is the office copy of the notice sent by the complainant to the 1^st opposite party, Exhibit A3 is the postal acknowledgment card of the 1^st opposite party, Exhibit A4 to Exhibit A7 are the Xerox copy of the various sale deeds obtained by the complainant in the name of himself, his wife Tmt.Maheswari, his father Thiyagarajan and his mother Tmt.Saraswathi Ammal for having purchased the lands in survey no. 70/9, 70/10, 70/11, 67/10, 100/3, 100/4, 100/6 and 100/7 and Exhibits A8 is the Xerox copy of the Farm Crop Management System Form-1 with its enclosures.  Even though the 1^st opposite party has filed his written version, he has not filed his proof affidavit in evidence of the averments made by him in the written version and subsequently he is set exparte.  Since the 1^st opposite party has failed to prove his defence by filing his proof affidavit, it gives an inference that he has no objection for the allegation and claim made by the complainant in this complaint.  Therefore the allegation of the complainant that drought relief fund of Rs.35,000/- due to him for extent of 7 ma at the rate of Rs.5,000/- was not paid to him stands proved. The failure to disburse the sum of Rs.35,000/- to the complainant, is sheer deficiency of service on the part of the 1^st opposite party.  The 2^nd opposite party is the Central Co-operative Bank of Kumbakonam, which is exercising administrative control and supervision over all the Primary Agricultural Co-operative Credit Societies in the District.  Therefore the 2^nd opposite party is also fixed with liability for the deficiency of service of the 1^st opposite party.

                        8. Point 2: In the result, the complaint is allowed in part. The opposite parties are directed to pay jointly or severally a sum of Rs.35,000/-(Rupees thirty five thousand only)  due to the complainant towards drought relief fund, to pay Rs.5,000/- towards compensation for the mental agony and hardship caused to him owing to the deficiency of service of the 1^st opposite party and to pay Rs.2,000/- towards cost of this litigation.  The opposite parties are directed to pay the drought relief fund and the compensation amount within the 30 days from the date of this order, failing which the said amount shall carry an interest at the rate of 12% per annum from the date of this order till the date of its payment.

This order is dictated by me to the Steno-Typist, transcribed, typed by him, corrected and pronounced by me on this  10^th day of  August 2015.

 

 

    MEMBER I                                    MEMBER II                                 PRESIDENT

 

List  of document   filed by the complainant

Ex.A1/Dt.13.12.2012: The Xerox copy of the Savings Bank Passbook of the

  complainant with the 1^st opposite party.

Ex.A2/Dt.29.09.2014: The office copy of the notice sent by the complainant’s counsel to

   the 1^st opposite party.

Ex.A3/            Dt.                   : The postal acknowledgment card of the 1^st opposite party.

Ex.A4, A5,A6 & A7  :  The Xerox copy of the various sale deeds  in the name of

complaiant, his wife, his father and his mother.

Ex.A8/Dt                   : The Xerox copy of the Farm Crop Management System Form-1

                                     with its enclosures.

 

 

 

    MEMBER I                                    MEMBER II                                 PRESIDENT

(Casual Leave)