Smt Sarita Tripathy (Member) - This complaint under section 12 of C.P Act 1986, filed by a member of Nuagaon , Service Co-Operative Society praying compensation of Rs.83,500/- for deficiency of service by the secretary OP in not refunding the share amount Rs.2160/-
This case of complainant in short is that as a member of Service -Co-Operative Society, Nuagaon. He was a holder of Kishan Credit Card and in course of Co-Operative transaction , he had paid all the loan dues by the end of 2013. He demanded the refund of share amount of Rs.2160/- with interest on several dates but on 21.3.2014 he was insulted and Secretary OP drove out him from the office refusing to refund the amount. It is a further case of the complainant that non-refund of share amount, he sustained loss of Rs.30000/- in Sugar Cane cultivation claimed compensation of Rs.50000/- towards loss of reputation an Rs.500/- for traveling expenses to office of OP.
The complainant had filed photocopy of voter ID card, and four money receipts to-wards payment of loan dues and Kishan Credit Card bearing No.2267. The OP appeared through Advocate on 02.12.2014 and he took time to file written version. But did not file written version. Therefore the OP is set ex-parte on 12.12.2014. The complainant filed his evidence on affidavit and the complainant is hard ex-parte on merit. During Ex-parte hearing the following issue needs for determination ;
1. Whether OP caused deficiency in service in not returning the share amount of the complainant claimed as a member of service cooperative Society , Nuagaon ?
Ans. to point No.1 :- The by-law of Service Cooperative Society Ltd provides under Rule 8 that a member is entitle to get returned of deposited Share amount only when he resigns or as per law he became in eligible to be a member of Service Co operative Society. In this case the complainant has not placed any materials to show that either he had resigned from the membership of the Service Co operative Society or was he considered ineligible to be a member by the Service Co operative Society . In absence of any such materials it is difficult on our part to assume that complainant is entitled to get his deposited share amount.
Further the complainant has stated that he demanded the refunded amount on 05.02.2014, 11.2.2014, 5.3.2014, 13.3.2014 and on 21.3.2014. No notice or written demand is made for such refund, when monetary claim is made from an institution, it should have been done in written so that it could be beyond denial by the OP. In other hands mere oral demands for refund of money is not sufficient to claim compensation for loss of prestige in this Forum under C.P Act.
Because of the above reasons we feel it proper to dismiss the complaint with observation that complainant if he so likes may make demand for refund as per law and may take resort to law if be feels aggrieved . Accordingly the case is disposed off. Hence we order
ORDER
The complaint is dismissed against the OP on ex-parte without cost.
The final order is prepared by us, corrected,
signed, sealed and pronounced in the open
Forum on this 24th February, 2015
