LAWS(NCD)-2016-8-99

SECRETARY, A-2591, MADURAI COATS & GENERAL SERVICES INSTITUTION EMPLOYEES CO-OPERATIVE HOUSING SOCIETY & ANR Vs. K P KUMARIAH

Decided On August 24, 2016
Secretary, A-2591, Madurai Coats And General Services Institution Employees Co-Operative Housing Society And Anr Appellant
V/S
K P Kumariah Respondents

JUDGEMENT

(1.) The complainant/respondent took a loan of Rs.1,20,000/- from the petitioner for construction of his house. The said loan carried interest @ 16.5% per annum and was repayable in installments. The case of the complainant/respondent is that he having paid a sum of Rs.2,93,896/- to the petitioner in installments, the amount outstanding against him was only Rs.65,000/- but the petitioner was demanding a sum of Rs.1,33,112/- from him without furnishing any account details. Being aggrieved, he approached the concerned District Forum by way of a complaint.

(2.) The petitioner resisted the complaint on several grounds including that a sum of Rs.1,03,375/- was outstanding against the complainant which he had not paid.

(3.) The District Forum dismissed the complaint holding that a consumer complaint against a cooperative society was not maintainable. Being aggrieved from the order of the District Forum, the complainant/respondent approached the concerned State Commission by way of an appeal. Vide impugned order dated 19.11.2015, the State Commission allowed the appeal and directed the complainant to pay a sum of Rs.50,192/- to the petitioner. The petitioner was directed to pay Rs.20,000/- as compensation and Rs.10,000/- as the cost of litigation to the complainant.