M.THANIKACHALAM J. - (1.) The 1st respondent as complainant filed a complaint before the District Forum against the opposite parties praying for the direction to the opposite parties to pay a total sum of Rs.36,000/- to the complainant and to pay the cost. The District Forum allowed the complaint against the first opposite party, against the said order, this appeal is preferred praying to set aside the order of the District Forum dt.08.05.2009 in C.C.7/2008. This appeal coming before us for hearing finally on 12.04.2011, upon hearing the arguments of the either counsels and perused the documents, as well as the order of the District Forum, this Commission made the following order: The first opposite party is the appellant.
(2.) The first respondent/complainant, who was the member of the first opposite partys Society, had deposited a sum of Rs.3,340/- as share amount, as well deposited a sum of Rs.5575/- under Thrift Society Account. For the no fault of the complainant, he was dismissed/removed from the membership of the Society, as per the Resolution dated 22.01.99, which was challenged. On removal of the membership, the opposite parties ought to have paid, the share amount as well as the amount available in the saving/thrift society account, which they failed, which comes to Rs.29,233/- including interest. Despite repeated requests and notice, opposite parties failed to pay, resulting mental agony to the complainant, for which also, the complainant is entitled to a sum of Rs.5,000/- as compensation. Thus, claiming a total sum of Rs.36,000/-, a consumer complaint was filed before the District Forum, Erode, in CC.7/2008.
(3.) The opposite parties disputing the status of the complainant as consumer as well as questioning the maintainability of the case before the Consumer Forum, resisted the application, inter alia contending that as per the Resolution on 22.01.99, the complainant was removed from the basic membership of the Society, thereby he seized to be the Member, that the amount payable on the date of removal of the membership namely Rs.10,141/- including interest, was offered, but instead of receiving the amount, he challenged the order, unsuccessfully and therefore, as such, there was no deficiency of anything on the part of the opposite parties and the complaint is liable to be dismissed.;