RAJU ZAVIER Vs. K.V.STELLA

JUDGEMENT

(1.) The above appeal is directed against the order dated 30th June 2009 in CC No.216/08 of the CDRF, Alappuzha. The complaint therein was filed by the first respondent herein as complainant alleging deficiency in service on the part of the appellants and respondents 2 and 3 (opposite parties 1 to 4). The case of the complainant is that she was a member of the Co-operative Bank of St. Michaels College, while she was working as selection grade Lecturer in St. Michaels College and that the opposite parties 1 and 2 resisted the complainant from participating in the auction of her second MDS; that the second opposite party directed the complainant to accept the lesser amount for settling the matter by stating that her monthly deposit scheme was auctioned 14 months back for Rs.87,750/-. The complainant disputed the case of auctioning of MDS for Rs.87750/- and prayed for disbursement of the entire amount of Rs.1 lakh under her second MDS. Thus, the complainant claimed the MDS amount of Rs.1 lakh.

(2.) Notice in the said complaint in CC.216/08 was served on opposite parties 1 to 4. But the 4th opposite party/Joint Registrar (General), Co-operative Bank Alappuzha remained absent and thereby the fourth opposite party was declared ex-parte.

(3.) Opposite parties 1 to 3 entered appearance and filed written version denying the alleged deficiency in service. They justified their action in resisting the complaint from participating in the auction. It was contended that the complainant had given authorization in favour of the then Secretary of the Co-operative Bank namely Gigiee Grace to participate in the auction on behalf of the complainant and thereby the MDS was auctioned on 10.5.07 at the 23rd auction for Rs.87,750/- and that the opposite parties 1 and 2 were ready to pay the bid amount to the complainant. It is further contended that the complaint is filed at the instigation of the former Secretary Gigiee Grace. Thus, the opposite parties 1 to 3 prayed for dismissal of the complaint.