IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 15TH MARCH 2010 / 24TH PHALGUNA 1931 WP(C).No. 36893 of 2009(F) -------------------------------------- PETITIONER: ------------------- ST.MICHAEL'S COLLEGE STAFF CO-OPERATIVE BANK, LTD.NO.A695, MAYITHARA P.O, CHERTHALA, ALAPPUZHA DISTRICT, REPRESENTED BY ITS SECRETARY. BY ADVS. MR.B.PRAMOD, MR.K.P.ARUN KUMAR MENON. RESPONDENT: ---------------------- GIGIEE GRACE K.V., AGED 55 YEARS, D/O K.G.VARGHESE, RESIDING AT THECKEPALAKKAL HOUSE, OPPOSITE OF EXCEL GLASS FACTORY, PATHIRAPPALLY, ALAPPUZHA DISTRICT. BY ADV. MR.MAURICE VINCENT. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.36893/2009-F: APPENDIX PETITIONERS' EXHIBIT: EXT.P.1: COPY OF THE COMPLAINT IN C.C. NO. 305/2009 OF THE CONSUMER DISPUTE REDRESSAL FORUM, ALAPPUZHA. RESPONDENTS' EXHIBITS: EXT.R(A): COPY OF THE PROCEEDINGS OF THE HON'BLE FORUM DTD. 03/02/2010. EXT.R(B): COPY OF THE SHOW-CAUSE NOTICE DTD. 11/04/2007 ISSUED TO THE PAID CLERK OF THE BANK MARY GRACE, BY THE RESPONDENT. EXT.R(C): COPY OF THE REPLY DTD. 20/04/2007 BY THE PAID CLERK MARY GRACE. EXT.R(D): COPY OF THE REPORT OF ASSISTANT REGISTRAR CO-OPERATIVE SOCIETIES (GENERAL) CHERTHALA HAVING NO:E2295/07 DTD. 19/03/2008. EXT.R(E): COPY OF THE ORDER OF JOINT REGISTRAR GENERAL ALAPPUZHA HAVING NO:CRB 5870/07/KDIS DTD. 30/01/2009. EXTR(F): COPY OF THE NOTICE DTD. 07/07/2008 ISSUED TO K.V. STELLA BY PIOUS MATHAI WHO IS THE PRESENT SECRETARY FO THE PETITIONER BANK TO RECEIVE RS.87,750/- WHICH WAS RECEIVED BY THE RESPONDENT ON 10/05/2007. EXT.R(G): COPY OF THE REPLY DTD. 09/07/2008 BY K.V. STELLA TO THE SECRETARY OF THE BANK THROUGH THE PRINCIPAL/PRESIDENT OF THE BANK. EXT.R(H): COPY OF THE NOTICE DTD. 30/09/2008 ISSUED TO THE RESPONDENT ON 06/10/2008 BY THE SECRETARY OF THE BANK TO RECEIVE RS.95,000/- WHICH BELONGS TO K.V. STELLA. EXT.R(I): COPY OF THE DIRECTION DTD. 24/011/2008 TO ASSISTANT REGISTRAR (GENERAL), CHERTHALA FROM JOINT REGISTRAR (GENERAL), ALAPPUZHA. EXT.R(J): COPY OF THE INFORMATION DTD. 25/02/2010 GIVEN TO THE RESPONDENT BY THE OFFICE OF THE ASSISTANT REGISTRAR (GENERAL), CHERTHALA. EXT.R(K): COPY OF THE PRESCRIPTION OF MEDICINES DTD. 05/01/1999 GIVEN TO THE RESPONDENT BY THE RHEUMATOLOGIST DR. A.N. CHANDRASEKHARAN IN MADRAS. EXT.R(L): COPY OF THE MEDICAL CERTIFICATE DTD. 21/07/2004 BY THE MICRO VASCULAR SURGEON OF PUSHPAGIRI MEDICAL COLLEGE HOSPITAL. EXT.R(M): COPY OF THE BIOPSY RESULT DTD. 11/05/2004 FROM PUSHPAGIRI MEDICAL COLLEGE HOSPITAL, THIRUVALLA. W.P.(C). NO.36893/2009-F: EXT.R(N): COPY OF THE PRESCRIPTION OF MEDICINES DTD. 21/12/2009 BY THE RHEUMATOLOGIST DURING THE LAST VISIT. EXT.R(O): COPY OF THE BILL OF RESPONDENT'S BLOOD TEST DTD. 09/03/2009 FROM IMMUNO DIAGNOSTIC CENTER, CHENNAI. //TRUE COPY// P.S. TO JUDGE. Prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.36893/2009-F ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 15th day of March, 2010 J U D G M E N T Heard the learned counsel for the petitioner and the learned counsel appearing for the respondent. 2. The main prayer in the writ petition is to call for the original of Ext.P1 complaint pending before the Consumer Disputes Redressal Forum, Alappuzha as C.C.No.305/2009 and quash the same. The second prayer is to direct transfer of the said case to any other Consumer Disputes Redressal Forum within the State. 3. By an interim order dated 21/12/2009 this Court granted an interim stay of all further proceedings for a period of three months. 4. The respondent has filed a detailed counter affidavit in the matter. 5. The petitioner has taken up various grounds in the writ petition to show that the complaint is not maintainable in the light of Section 69 of the Kerala Co- operative Societies Act. The learned counsel for the respondent submits that the complaint is maintainable. Evidently, the issue will have to be considered by the Consumer Disputes Redressal Forum itself and the petitioner will be entitled to call upon the attention of the Consumer W.P.(C). No.36893/2009 -:2:- Disputes Redressal Forum with regard to the maintainability by filing appropriate version or any petition. 6. The second aspect is with regard to the transfer of C.C.No.305/2009 to any other Consumer Disputes Redressal Forum within the State. In ground 'E' of the writ petition it is averred that one of the members who constitute the Consumer Disputes Redressal Forum is personally close to the respondent. It is pointed out by the learned counsel for the petitioner that one of the members of Consumer Disputes Redressal Forum, Alappuzha and the husband of the said member were practicing as juniors of the husband of the complainant and which is the ground for seeking transfer. There is every likelihood of bias. I find force in the said submission. The complainant submitted that even though she is having various ailments, if this Court is directing transfer of the matter, it may be transferred to Consumer Disputes Redressal Forum, Kottayam or Consumer Disputes Redressal Forum, Ernakulam. 7. In the light of the facts pointed out as above, and to ward off any complaint of bias, Ext.P1 will stand transferred to Consumer Disputes Redressal Forum, Kottayam. The Consumer Disputes Redressal Forum, Alappuzha will, therefore, forward the files etc. to the Consumer Disputes Redressal Forum, Kottayam within two weeks from the date of W.P.(C). No.36893/2009 -:3:- receipt of a copy of this Judgment. With regard to the question of maintainability, it is upto the petitioner to file appropriate version or any petition before the Consumer Disputes Redressal Forum, Kottayam when the matter is posted there. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms