State Consumer Disputes Redressal Commission
The Elamgulam Service Co-Operative vs T.K. Viswanathan Nair on 30 April, 2014
Daily Order
Kerala State Consumer Disputes Redressal Commission Vazhuthacaud,Thiruvananthapuram First Appeal No. A/14/140 (Arisen out of Order Dated 28/01/2014 in Case No. cc/84/13 of District Kottayam) 1. SECRETARY, ELAMGULAM SERVICE CO OPERATIVE BANK LTD KOORALI P.O, KOTTAYAM KOTTAYAM KERALA ...........Appellant(s) Versus 1. SHIJU V NAIR THAKIDIYIL HOUSE, MADUKKAKUNNUKARA, PONKUNNAM, KOTTAYAM KOTTAYAM KERALA ...........Respondent(s) BEFORE: HON'ABLE MR. SRI.K.CHANDRADAS NADAR PRESIDING MEMBER SMT.A.RADHA MEMBER SMT.SANTHAMMA THOMAS MEMBER PRESENT: ORDER KERALA STATE CONSUMER DISPUTES REDRESSAL
COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM
APPEAL NO.140/2014
JUDGMENT DATED 30/04/2014
(Appeal filed against the order in CC No.84/2013 on the file of CDRF, Kottayam dated 28/01/2014)
PRESENT:
SMT. A. RADHA : MEMBER
SMT. SANTHAMMA THOMAS : MEMBER
APPELLANT:
The Elamgulam Service Co-operative
Bank Limited - Represented by its Secretary,
Koorali P.O., Kottayam.
(By Adv: K.P. Sreekumar)
Vs
RESPONDENT:
Shiju.V.Nair,
Thakidiyil House,
Madukkakunnukara,
Ponkunnam, Kottayam District.
JUDGMENT
SMT. A. RADHA : MEMBER This appeal is preferred by the opposite parties against the order in C.C.No.84/2013 on the file of CDRF, Kottayam.
2. When this appeal came up for hearing on the question of admission the counsel for the appellant submitted that opposite party is a Service Co-operative Bank and had introduced a fixed deposit scheme wherein the respondent deposited Rs.1,000/- on 29/12/1992 for a period of 240 months. The maturity date fixed was on 29/12/2012 and the maturity value is Rs.20,000/-. It is submitted that the fixed deposit scheme was introduced by the then office bearers without the sanction of Joint Registrar of Co-operative Societies. The new Board Directors took a decision to repay the amount with interest was not amenable to the complainant and filed this complaint. The Forum Below allowed the complaint in favour of the complainant and ordered to pay Rs.20,000/- with 9% interest along with cost of the proceedings. Aggrieved by this order the appellants preferred this appeal and prayed to exonerate the opposite party from the liability as the former Board Secretary of the Bank introduced this scheme and is not binding on the opposite party Bank.
3. On hearing the counsel and on going through the order it is an undisputed fact that the complainant deposited the amount with the opposite party Bank and the amount of Rs.20,000/- was due to the complainant. First of all the allegation against the Secretary cannot be considered as the liability is binding upon the opposite party itself. Further it is also admitted in the version that the opposite party introduced the fixed deposit scheme without the sanction of the Joint Registrar of Co-operative Societies. This act of the opposite party Bank amounts to unfair trade practice and in our considered view the order of the Forum is only to uphold.
In the result, appeal is not admitted and dismissed in-limine.
A. RADHA : MEMBER SANTHAMMA THOMAS : MEMBER Sa. KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION THIRUVANANTHAPURAM APPEAL NO.140/2014 JUDGMENT DATED 30/04/2014 Sa. KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM APPEAL NO.141/2014 JUDGMENT DATED 30/04/2014
(Appeal filed against the order in CC No.83/2013 on the file of CDRF, Kottayam dated, 28/01/2014) PRESENT:
SMT. A. RADHA : MEMBER
SMT. SANTHAMMA THOMAS : MEMBER
APPELLANT:
The Elamgulam Service Co-operative
Bank Limited - Represented by its Secretary,
Koorali P.O., Kottayam.
(By Adv: K.P. Sreekumar)
Vs
RESPONDENT:
T.K. Viswanathan Nair, F/o. Sheela V Nair,
Thakadiyil House, Madukkakunnu,
Ponkunnam, Kottayam District.
JUDGMENT
SMT. A. RADHA : MEMBER
This appeal is preferred by the opposite parties against the order in C.C.No.83/2013 on the file of CDRF, Kottayam.
2. When this appeal came up for hearing on the question of admission the counsel for the appellant submitted that opposite party is a Service Co-operative Bank and had introduced a fixed deposit scheme wherein the respondent deposited Rs.1,000/- on 29/12/1992 for a period of 240 months. The maturity date fixed was on 29/12/2012 and the maturity value is Rs.20,000/-. It is submitted that the fixed deposit scheme was introduced by the then office bearers without the sanction of Joint Registrar of Co-operative Societies. The new Board Directors took a decision to repay the amount with interest was not amenable to the complainant and filed this complaint. The Forum Below allowed the complaint in favour of the complainant and ordered to pay Rs.20,000/- with 9% interest along with cost of the proceedings. Aggrieved by this order the appellants preferred this appeal and prayed to exonerate the opposite party from the liability as the former Board Secretary of the Bank introduced this scheme and is not binding on the opposite party Bank.
3. On hearing the counsel and on going through the order it is an undisputed fact that the complainant deposited the amount with the opposite party Bank and the amount of Rs.20,000/- was due to the complainant. First of all the allegation against the Secretary cannot be considered as the liability is binding upon the opposite party itself. Further it is also admitted in the version that the opposite party introduced the fixed deposit scheme without the sanction of the Joint Registrar of Co-operative Societies. This act of the opposite party Bank amounts to unfair trade practice and in our considered view the order of the Forum is only to uphold.
In the result, appeal is not admitted and dismissed in-limine.
A. RADHA : MEMBER SANTHAMMA THOMAS : MEMBER Sa. KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION THIRUVANANTHAPURAM APPEAL NO.141/2014 JUDGMENT DATED 30/04/2014 Sa. KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM APPEAL NO.142/2014 JUDGMENT DATED 30/04//2014
(Appeal filed against the order in CC No.82/2013 on the file of CDRF, Kottayam dated, 28/01/2014) PRESENT:
SMT. A. RADHA : MEMBER
SMT. SANTHAMMA THOMAS : MEMBER
APPELLANT:
The Elamgulam Service Co-operative
Bank Limited - Represented by its Secretary,
Koorali P.O., Kottayam.
(By Adv: K.P. Sreekumar)
Vs
RESPONDENT:
Sheela.V.Nair,
Thakidiyil House,
Madukkakunnukara,
Ponkunnam, Kottayam District.
Now residing at Gayathri,
Kadappattur,
Arunapuram, Kottayam.
JUDGMENT
SMT. A. RADHA : MEMBER
This appeal is preferred by the opposite parties against the order in C.C.No.82/2013 on the file of CDRF, Kottayam.
2. When this appeal came up for hearing on the question of admission the counsel for the appellant submitted that opposite party is a Service Co-operative Bank and had introduced a fixed deposit scheme wherein the respondent deposited Rs.1,000/- on 29/12/1992 for a period of 240 months. The maturity date fixed was on 29/12/2012 and the maturity value is Rs.20,000/-. It is submitted that the fixed deposit scheme was introduced by the then office bearers without the sanction of Joint Registrar of Co-operative Societies. The new Board Directors took a decision to repay the amount with interest was not amenable to the complainant and filed this complaint. The Forum Below allowed the complaint in favour of the complainant and ordered to pay Rs.20,000/- with 9% interest along with cost of the proceedings. Aggrieved by this order the appellants preferred this appeal and prayed to exonerate the opposite party from the liability as the former Board Secretary of the Bank introduced this scheme and is not binding on the opposite party Bank.
3. On hearing the counsel and on going through the order it is an undisputed fact that the complainant deposited the amount with the opposite party Bank and the amount of Rs.20,000/- was due to the complainant. First of all the allegation against the Secretary cannot be considered as the liability is binding upon the opposite party itself. Further it is also admitted in the version that the opposite party introduced the fixed deposit scheme without the sanction of the Joint Registrar of Co-operative Societies. This act of the opposite party Bank amounts to unfair trade practice and in our considered view the order of the Forum is only to uphold.
In the result, appeal is not admitted and dismissed in-limine.
A. RADHA : MEMBER
SANTHAMMA THOMAS : MEMBER
Sa.
KERALA STATE CONSUMER
DISPUTES REDRESSAL
COMMISSION
THIRUVANANTHAPURAM
APPEAL NO.142/2014
JUDGMENT DATED 30/04//2014
Sa.
[HON'ABLE MR. SRI.K.CHANDRADAS NADAR] PRESIDING MEMBER
[ SMT.A.RADHA] MEMBER
[ SMT.SANTHAMMA THOMAS] MEMBER