CONSUMER DISPUTES REDRESSAL FORUM CIVIL STATION ,KALPETTA WAYANAD-673122 PHONE 04936-202755 Complaint Case No. CC/167/2017 1. T.S. Muthukrishnan, Chitralayam, Chuzhali, Puthoorvayal Post, Kalpetta, 673577 Chuzhali Wayanad Kerala ...........Complainant(s) Versus 1. The president, Kalpetta Ksheerolpadhaka Sahakarana Sangam, Maniyamkode Post, Kalpetta, Kalpetta Wayanad Kerala 2. The secretary, Kalpetta Ksheerolpadhaka Sahakarana Sangam, Maniyamkodu Post, Kalpetta Kalpetta Wayanad Kerala ............Opp.Party(s) BEFORE: HON'BLE MR. Jose V. Thannikode PRESIDENT HON'BLE MR. Chandran Alachery MEMBER For the Complainant: For the Opp. Party: Dated : 08 Jan 2018 Final Order / Judgement O R D E R By Sri. Chandran Alachery, Member: The complaint is filed under section 12 of the Consumer Protection Act for an order directing the Opposite Parties to accept the milk from the complainant, to pay Rs.50,000/- as loss sustained to the Complainant and to pay Rs.2,000/- towards, treatment expenses. 2. Complainant in brief:- The Complainant is a member of Opposite parties society and used to sell milk to the society from 2003 onwards. The Complainant filed another complaint before the Forum against the Opposite parties and is pending as CC 308/16. Due to this reason, the Opposite Parties denied allowing cow loan to the complainant. More over, the Opposite Parties are not accepting milk from the Complainant. So the Complainant filed petition before the Deputy Director of Diary Development Board on 12.05.2017. Due to the act of Opposite Parties the Complainant sustained loss of 20 litre milk per day. The Complainant is a milk producer and is living in the income derived from selling milk. The Complainant sustained a loss of 600 litres of milk per month and it continued from 3 months. The cow also fell in ill due to the non-milching. Aggrieved by this, the complaint is filed. 3. On receipt of complaint, notices were issued to the Opposite parties and the Opposite parties appeared before the Forum and filed version. In the version, the opposite parties contended that the Complainant is not coming under the definition of Consumer and the Complaint is false and frivolous. The Complainant is a member of the Opposite Parties society and a dispute between the Society and member is not coming under the jurisdiction of consumer forum. As per section 69(b) of Co-operative societies Act also, the Complaint is not maintainable before the Forum. There is no consumer and service provider relationship between the Complainant and the Opposite Party Society. The Complainant used to file Complaints after complaints before the Forum against the Opposite Parties. The Complainant had the habit of selling damaged milk to the society which caused loss to the society. The complainant not stated the date of starting milching in the complaint. So the calculation made by the Complainant is false. The Complainant had no difficulty to sell his milk to any other society. The Opposite parties contended that the complaint is not maintainable before the Forum and is liable to be dismissed with compensatory cost of Rs.10,000/-. 4. On perusal of complaint, version and documents, the Forum raised the following points for consideration. 1. Whether there is deficiency of service from the part of Opposite Parties? 2. Relief and cost. 5. Point No.1:- The Complainant filed proof affidavit and is examined as PW1 and documents are marked as Exts.A1 to A21. The Opposite parties not adduced oral evidence and Opposite Parties evidence closed. Heard both sides. In the cross examination of Complainant (PW1), the Complainant deposed that there is no contract exists between the Complainant and the Opposite party society with regard to providing of services to the Complainant by the Opposite parties. PW1 also deposed that the Opposite Parties are paying consideration to the Complainant on selling milk. As per Ext.21, the complainant used to sell milk to the Kunnambetta milk society from 04.10.2017 onwards. On perusal of complaint and documents, the Forum found that the Complainant not produced any valid document to show that the complainant got 20 litres of milk per day and had sustained loss of Rs.50,000/- due to the act of Opposite Parties. The Complainant also not proved that on which date onwards the Complainant started milching. No document is produced to show that the Complainant's cow got illness due to non-milching. Admittedly, the Complainant is a member of Opposite parties society. As per the ruling pronounced by the Hon'ble National Consumer Disputes Redressal Commission, (reported in CPR April 2017 Page 246) Andra Bank V/S Akhil Bharatiya), the Hon'ble National Consumer Disputes Redressasl Commission ruled that Consumer forum has no jurisdiction to entertain complaint pertaining to dispute between members of society. As per Ext.A21, the Complainant now used to sell milk in Kunnambetta milk Society from 04.10.2017 onwards. So the main grievance of the Complainant is already over. The other grievances are not proved by the complainant also. On an overall evaluation of the records and evidences, the Forum found that the Complainant failed to prove his case. The Forum found that the Complaint is not maintainable before the Forum in the light of the above cited ruling also. Point No.1 found accordingly. 6. Point No.2:- Since point No.1 found against the Complainant, the Complainant is not entitled to get cost and compensation. In the result, the complaint is dismissed. No order as to costs. Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 8th day of January 2018. Date of Filing:31.07.2017. PRESIDENT : Sd/- MEMBER : Sd/- MEMBER : Sd/- /True Copy/ PRESIDENT, CDRF, WAYANAD. APPENDIX. Witnesses for the complainant: PW1. Muthukrishnan. Complainant. Witness for the Opposite Parties : Nil. Exhibits for the complainant: A1. Notice. A2. Copy of Letter. dt:12.05.2017. A3. Letter. dt:24.05.2017. A4. Letter. dt:11.05.2017. A5. Copy of ID Card.. A6. Copy of Circular. dt:19.04.2017. A7. Copy of Nomination form. A8. Notice. A9. Milk Bill. dt:24.01.2017. A10. Copy of Letter. dt:13.02.2017. A11. Copy of Letter. dt:02.02.2017. A12. Copy of Letter. A13. Copy of Letter. dt:16.01.2017. A14. Copy of Letter. dt:06.02.2016. A15. Copy of Documentation Cum Application cum Annexure cum Appraisal for Agriculture short term/ term loan. A16. Pass book A17. Letter. dt:24.05.2017. A18. Letter. dt:24.05.2017. A19. Copy of Letter . A20. Copy of Letter. dt:13.06.2017 A21. Letter. dt:23.09.2017. Exhibits for the Opposite Parties: Nil. [HON'BLE MR. Jose V. Thannikode] PRESIDENT [HON'BLE MR. Chandran Alachery] MEMBER