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The Secretary, Agricultural Cooperative Bank, Nayakkarapattty, Tirunelveli and Another Vs. M. Balasubramanian - Court Judgment

LegalCrystal Citation
CourtChennai Madurai High Court
Decided On
Case NumberC.R.P(NPD)No. 1257 of 2003
Judge
AppellantThe Secretary, Agricultural Cooperative Bank, Nayakkarapattty, Tirunelveli and Another
RespondentM. Balasubramanian
Excerpt:
.....in e.p.no.1 of 2003 in o.p.no.33 of 2002, on the file of the district consumer disputes redressal forum, tirunelveli.) 1. this revision has been filed seeking for a direction to set aside the order, dated 21.05.2003 passed in e.p.no.1 of 2003 in o.p.no.33 of 2002, on the file of the district consumer disputes redressal forum, tirunelveli. 2. according to the petitioner, the petitioner bank is a co-operative bank functioning under the control of the registrar of co-operative societies and the tamil nadu co-operative societies act and rules. the second respondent is the former employee of the petitioner society. the respondent herein filed o.p.no.33 of 2002 before the district consumer disputes redressal forum, tirunelveli and by order, dated 16.12.2002, the said forum allowed the o.p and.....
Judgment:

(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, praying this Court to set aside the order dated 21.5.2003 passed in E.P.No.1 of 2003 in O.P.No.33 of 2002, on the file of the District Consumer Disputes Redressal Forum, Tirunelveli.)

1. This revision has been filed seeking for a direction to set aside the order, dated 21.05.2003 passed in E.P.No.1 of 2003 in O.P.No.33 of 2002, on the file of the District Consumer Disputes Redressal Forum, Tirunelveli.

2. According to the Petitioner, the Petitioner Bank is a co-operative Bank functioning under the control of the Registrar of Co-operative Societies and the Tamil Nadu Co-operative Societies Act and Rules. The second respondent is the former employee of the Petitioner society. The respondent herein filed O.P.No.33 of 2002 before the District Consumer Disputes Redressal Forum, Tirunelveli and by order, dated 16.12.2002, the said Forum allowed the O.P and directed the revision petitioners to pay the Savings Bank Account Balance of Rs.10,230/- with 6% interest till payment, at the cost of Rs.500/- and two months time was granted for payment of the said amount. The revision Petitioner has not complied with the said order. Hence the respondent filed E.P.No.1 of 2003 in O.P.No.33 of 2002 before the District Consumer Disputes Redressal Forum, Tirunelveli. The said forum convicted the petitioners and sentenced them to undergo rigorous imprisonment for two months. Challenging the order passed in the above E.P.No.1 of 2003 in O.P.No.33 of 2002, on the file of the District Consumer Disputes Redressal Forum, Tirunelveli, the Petitioner has come forward with the present Civil Revision Petition.

3. Heard the learned counsel for the Petitioners and perused the materials available on record.

4. According to the learned counsel for the Petitioners, that the award in the above O.P.33 of 2002 was passed by the District Consumer Disputes Redressal Fourm, Tirunelveli on 21.5.2003. In the aforesaid O.P.No.33 of 2002, the said Forum directed the revision petitioners to pay a sum of Rs.10,230/- with 6% interest on 16.12.2002 and the above said amount has to be paid to the complainant within two months, failing which they are liable to be dealt with under Section 27 of the consumer Protection Act. In E.P.No.1 of 2003, the District Consumer Disputes Redressal Forum had convicted and sentenced the Petitioners to undergo rigorous imprisonment for two months.

5. Now according to the Petitioners, a memo has been filed by the revision petitioners on 30.7.2003 before the District Consumer Disputes Redressal Forum, Tirunelveli to the effect that the Petitioners have complied with the order passed by the above Forum. The said memo has also been enclosed along with the typed set of papers.

6. Now it is brought to the notice of this Court that according to the Petitioners, the said bank is not functioning in the Nayakkarapatty, as on today. In view of the above circumstances the order impugned herein is liable to be set aside.

7. Accordingly, the Civil Revision Petition is allowed and order dated 21.5.2003 passed in E.P.No.1 of 2003 in O.P.No.33 of 2002, on the file of the District Consumer Disputes Redressal Forum, Tirunelveli is set aside. No order as to costs.


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