SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

Cause Title/Judgement-Entry
STATE CONSUMER DISPUTES REDRESSAL COMMISSION
THIRUVANANTHAPURAM
 
Revision Petition No. RP/20/2020
( Date of Filing : 09 Sep 2020 )
(Arisen out of Order Dated in Case No. CC/216/2018 of District Kottayam)
 
1. NOEL V SAMUEL
VAYALMUNDAKEL HOUSE,MELUKAVUMATTOM.P.O,KOTTAYAM-686652
...........Appellant(s)
Versus
1. THE MELUKAVU SERVICE CO.OP SOCIETY
MELUKAVUMATTOM.P.O,KOTTAYAM-686652
2. ASST.REGISTRAR
COOPERATIVE SOCIETY(GENERAL),MEENACHIL,PALA,KOTTAYAM-686575.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE SRI.K.SURENDRA MOHAN PRESIDENT
 HON'BLE MR. SRI.T.S.P.MOOSATH JUDICIAL MEMBER
  SRI.RANJIT.R MEMBER
  SMT.BEENAKUMARI.A MEMBER
  SRI.RADHAKRISHNAN.K.R MEMBER
 
PRESENT:
 
Dated : 14 Jul 2021
Final Order / Judgement

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

VAZHUTHACAUD, THIRUVANANTHAPURAM

REVISION PETITION No. 20/2020

ORDER DATED: 14.07.2021

(Against the Order in I.A 147/2019 in C.C. 216/2018 of CDRF, Kottayam)

PRESENT:

HON’BLE JUSTICE SRI. K. SURENDRA MOHAN         : PRESIDENT

SRI.T.S.P. MOOSATH                                             : JUDICIAL MEMBER

SRI.RANJIT. R                                                         : MEMBER

SMT. BEENA KUMARY. A                                     : MEMBER

SRI. K.R. RADHAKRISHNAN                                : MEMBER

REVISION PETITIONER:

Noel V. Samuel, Vayalmundakel House, Melukavumattom P.O., Kottayam – 686 652.

(By Adv. R. Jagadish Kumar)

                                             Vs.

RESPONDENTS:

  1. The Melukavu Service Co-operative Bank Ltd. No. 3183, Melukavumattom, Kottayam – 686 652 represented by its Secretary. 
  1. Asst. Registrar, Co-operative Society (General), Meenachil, Pala, Kottayam-686 575.  

ORDER

SRI.T.S.P. MOOSATH: JUDICIAL MEMBER

The complainant in C.C. No. 216/2018 of the Consumer Disputes Redressal Forum, Kottayam (in short the District Forum) has filed the revision petition against the order of the District Forum in I.A. No. 147/2019 by which the complaint filed by him was dismissed finding that the complaint was not maintainable. 

The parties are referred to, according to their status in the complaint. 

The complainant has filed the complaint against the opposite parties alleging that the 1st opposite party Co-operative Bank denied its A class membership to him and his application for granting A class membership was rejected by the opposite party for the lame reason that he is residing outside the territorial working area of the 1st opposite party.  According to the complainant he got fixed deposits and S.B. Account in the 1st opposite party bank and so he is entitled to get A class membership of the 1st opposite party bank. 

The 1st opposite party filed I.A. 147/19 contending that the complaint is not maintainable since there is no consumer relationship between them and the complainant.  It is stated by the 1st opposite party that the application for A class membership of the complainant was rejected by the Board of Directors since the complainant is residing outside the territorial operational area of the 1st opposite party bank and he is residing within the operational area of Melukavu Service Co-operative Bank Ltd. No. 549.  So the complaint is not maintainable and is liable to be dismissed. 

The District Forum considering the provisions of the bylaws of the 1st opposite party found that the complainant cannot claim A class membership of the 1st opposite party bank on the ground that he got bank accounts in that bank.  The District Forum found that the complainant cannot be said to be a consumer of the 1st opposite party bank as there is no service offered for consideration and if the complainant has got any dispute regarding the administration of the 1st opposite party bank, he is at liberty to approach the appropriate forum.  The District Forum observed that they do not intend to interfere in the administrative matters of the 1st opposite party bank.  The District Forum allowed I.A 147/19 and dismissed the complaint on t






Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top