IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 31ST JULY 2009 / 9TH SRAVANA 1931 WP(C).No. 21590 of 2009(P) -------------------------- PETITIONER: ------------------ KERALA STATE CO-OPERATIVE HOUSING FEDERATION LTD, 4330, KALOOR, KOCHI REPRESENTED BY MANAGING DIRECTOR. BY ADV. MR. A.K.CHINNAN MRS. SUSAL A. CHINNAN RESPONDENTS: ---------------------- 1. MARY MORRIS THOTTUMKAREZHATH HOUSE, NOW RESIDING AT TOMY DALE, PUTHUKODE.P.O, CHAVARA, KOLLAM-691 583. 2. J.XAVIER, S/O.JOSEPH, THOTTUMKAREZHATH HOUSE, NOW RESIDING AT TOMY DALE PUTHUKODE.P.O, CHAVARA, KOLLAM-691 583. 3. BLOCK RURAL HOUSING CO-OPERATIVE SOCIETY LTD, NO:812, CHAVARA POST-691 583, REPRESENTED BY SECRETARY/ADMINISTRATOR. 4. REGISTRAR OF CO-OPERATIVE SOCIETIES, CO-OPERATIVE DEPARTMENT, GOVERNMENT OF KERALA. 5. CONSUMER DISPUTES REDRESSAL FORUM, KOLLAM REPRESENTED BY ITS PRESIDENT, CIVIL STATION KOLLAM-691 001. 6. KERALA STATE CONSUMER DISPUTE REDRESSAL COMMISSION, REPRESENTED BY ITS SECRETARY, TRIVANDRUM. BY MR. P.NARAYANAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 21590 of 2009 -------------------------- Dated this the 31st July,2009 J U D G M E N T Petitioner is an Apex Co-operative Society. Certain persons had availed loan from the Primary Co-operative Society who in turn had availed a refinancing facility from the petitioner. According to the petitioner, such loans were repaid in its entirety. Proceedings were initiated for recovery of such amounts. At the same time, loanees had approached the Consumer Disputes Redressal Forum and by Ext.P4, their complaint was allowed directing the opposite parties which includes the petitioner also to execute a release deed in favour of the complainant after handing over the documents which were deposited at the time of availing loan. There was also a direction to pay compensation. The order has been confirmed in Ext.P5 by the State Commission. The matter has been taken up before the National Commission by the petitioner. In the meanwhile, Ext.P9 notice has been issued, proposing to levy penalty on the petitioner, by the CDRF, Kollam. W.P ( C) No. 21590 of 2009 2 Essentially this has been challenged in the writ petition. 2. Petitioner also prays for a direction to the Registrar of Co-operative Societies to issue directions to the Primary Societies to initiate surcharge proceedings against the members of the Board of Directors of such society. Petitioner may independently prosecute the request made before the Registrar of Co-operative Societies for initiating such proceedings. But in so far as the validity of Ext.P9 is concerned, petitioner will have to move the National Commission for appropriate interim orders in the matter of orders impugned before such Commission. To enable the petitioner to do so, enforcement of further proceedings pursuant to Ext.P9 shall be kept in abeyance for a period of three months from today. Other contentions raised by the petitioner are left open. It is open to the petitioner to pursue the request made before the Registrar as mentioned above. Writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No. 21590 of 2009 3 W.P ( C) No. 21590 of 2009 4