IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, ALAPPUZHA

Friday the 22^nd   day of December, 2023.

                                      Filed on 14.03.2023

Present

1. Smt.P.R.Sholy, B.A.L, LLB  (President in Charge )
2. Smt C.K.Lekhamma . B.A. LLB (Member)
   •  

CC/No.73/2023

between

Complainant:-                                                     Opposite parties:-

          Sri. Vidyadharan.C.V                                                    1.   Secretary

Chethikkattu Veedu                                                             SCB 1344, Cherthala South.P.O

Cherthala South P.O                                                            Cherthala-688538 

Cherthala-688539                                                                 (Adv. N.P. Kamaladharan)

                                                                                                 2.   District Joint Registrar,

                                                                                                       Co Operative Department, District Office

                                                                                                       Alapuzha (Near Carmel Hall)

O R D E R

SMT.C.K.LEKHAMMA (MEMBER)

1.      Brief facts of  the complainant’s case are as follows:-

The complainant joined the monthly deposit scheme of the 1^st opposite party and had paid 48 instalments without interruption thereafter further payments were defaulted. But after the period of the scheme, the 1^st opposite party paid an amount less Rs.48,000/- from the total amount to the complainant. Against which the complainant filed a complaint before the 2^nd opposite party and allowed his claim. Accordingly, the 1^st opposite party paid Rs. 48,000/- to the complainant. But the complainant alleged that the said amount is kept by the 1^st opposite party for about 9 months and makes profit out of the same. Therefore, the complainant is entitled to get 12% interest of said Rs. 48,000/- from the 1^st opposite party and compensation. Hence filed this complaint.

 2.     Version filed by the 1^st opposite party is as follows:-

          The 1^st opposite party contended that the complaint has no merits and the complainant is not a consumer. The complainant is an ‘A’ class member of the 1^st opposite party.  Since it is a dispute between the 1^st opposite party Co-operative Bank and its member, it should be resolved by the Arbitration Court as specifically mentioned in the Co-operative  Societies Act. Therefore this complainant is not maintainable before this Commission and is to be dismissed.

Further, the complainant was the subscriber of the  1^st opposite party’s chitty of Rs. 5 lakhs for 100 instalments but paid only 48 instalments. After the period of chitty, the complainant received an amount of Rs. 1,80,000/- (One lakh eighty thousand only),  after deducting the 5% service charge of the 1^st opposite party.  Thereafter the said opposite party paid Rs. 48,000/- to the complainant as per the order of the  Asst. Registrar, Cherthala.  This case has been filed to get the interest of said amount for the period to settle the complaint before the 2^nd opposite party.

After defaulting the chitty the 1^st opposite party issued notice  dt.22/3/2019 to the complainant for remitting the amount. But the complainant did not do so. Consequently, the  Board of the 1^st opposite party decided to pay  an amount of Rs. 3,750/- each as a monthly instalment towards the chitty from  8/1/2018 onwards. Thus the 1^st opposite party paid Rs.58,250/- in chitty and the 1^st opposite party is legally entitled to charge 9% interest for this amount from the complainant. If so calculated, the complainant has to pay Rs.  3,375/- to the bank.  Therefore, this complaint has no merit and is to be dismissed with costs.

 3.     Version of the 2^nd opposite party is as follows:-

It is contended that as soon as the  2^nd opposite party received a complaint dt.30/11/2022 stated that the entire chitty amount deposited with the 1^st opposite party was not disbursed by the 1^st opposite party to him, accordingly the Asst. Registrar was directed to investigate in detail the complaint and take necessary actions.  After the investigation it was found that the 1^st opposite party is liable to pay Rs.48,000/- to the complainant and the 1^st opposite party was instructed to pay Rs. 48,000/- to the complainant. As per the direction, the 1^st opposite party  paid said amount to the complainant. Thereafter, the complainant filed another complaint before the 2^nd opposite party stating that the 1^st opposite party did not disburse the interest of said amount for 8 months.  After considering the evidence on both sides and finding that the 1^st opposite party is entitled to receive more amount from the complainant than the amount due and hence the 1^st opposite party does not have to pay any amount to the complainant. Further, the complainant is not a consumer since he is an ‘A’ class member of the 1^st opposite party, so the dispute arising between them is to be settled in arbitration proceedings.

4.      Points that arise for consideration are as follows:-

 1. Whether the complainant is entitled to get any amount from the 1^st opposite party?

2. Whether opposite parties committed deficiency in service?

3. Reliefs & costs?

5.      The complainant appeared in person. He adduced oral evidence and Ext.A1 and A2 were marked from his side. 1^st opposite party adduced oral as well as documentary evidence (Ext.B1). Thereafter heard both sides.

6.      Points No.1 and 2:-

          Admittedly, the complainant had joined the monthly deposit scheme of the 1^st opposite party. The total period of the instalment was 100 months. But after paying 48 instalments, subsequent instalments were defaulted. Ext.A1 is the copy of the passbook issued by the 1^st opposite party to the complainant. Further, it has come out in evidence that after the period of the deposit scheme, the 1st opposite party did not return the entire  instalment amount to the complainant, that he paid as an instalment to them. It is revealed from Ext.A2 communication dt. 28/12/2022, that is an order based on a complaint filed by the complainant before the Asst. Registrar,  Co-operative Society, who directed the 1^st opposite party to disburse an amount of Rs. 48,000/- ie,  the remaining amount of the monthly deposit to be paid by the 1^st opposite party to the complainant. The present dispute concerns the interest of the said amount of Rs.48,000/-. The learned counsel for the 1^st opposite party argued that the  complainant has no right to claim interest of Rs. 48,000/-since  the learned counsel invited our attention to the document Ext.B1 order dt. 10/5/2023 by the  2^nd opposite party. It is an order based on the complaint filed by the complainant in this case concerning the claim of interest.  On perusal of Ext.B1, which specifically mentioned that the complainant is not entitled to get any interest with respect to the amount of Rs. 48,000/-  from the 1 st opposite party.  As per the evidence it is found that the 1^st opposite party is entitled to get more amount from the complainant than he claimed since the 1st opposite party paid the defaulted instalments of the complainants chitty Rs. 3,750/-  each per month, a total of Rs. 56,250/-, the 1^st opposite party is entitled to 9% interest of said amount.  The interest of said amount comes at Rs. 3,375/- which is more than the amount due to the complainant. It seems that the said order  is not challenged anywhere by the complainant. Moreover, by suppressing the said order the complainant has filed this complaint to get the same relief.   In the above mentioned reasons, we have no hesitation to hold that this complaint is devoid of any merit.

7.      Point No.2:-

        In the result, the complaint stands dismissed. No cost.

Dictated to the Confidential Assistant, transcribed by him corrected by me and pronounced in open Commission on this the 22^nd   day of  December, 2023.

                           Sd/-Smt.C.K.Lekhamma (Member) 

                                      Sd/-Smt. P.R. Sholy (President in Charge)

Appendix:-Evidence of the complainant:-

PW1                           -           Vidhyadharan.C.V(complainant)

Ext.A1                       -           copy of Pass book

Ext.A2                       -           Letter dtd. 28/12/2022

Evidence of the opposite parties:-

RW1                          -           K.V.Sheeba( witness)

Ext.B1                       -           Copy of order

//True Copy //

To        

            Complainant/Oppo. party/S.F.

                                                                                                                           By Order

            Typed by:- Br/-

            Compared by:-                                                                             Assistant Registrar