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    This Judgement Ranked 9 in The Hitlist.: National Consumer Disputes Redressal Commission

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    GURMUKH SINGH
    This judgement dismissed a revision petition filed against the dismissal of a complaint by the State Commission. [1] The complaint involved a dispute between a member of a cooperative society and the society over the non-payment of maturity amount of a deposit. [2] The Commission held that consumer forums do not have jurisdiction over disputes between cooperative societies and their members, as the Cooperative Societies Act provides for such disputes to be resolved by cooperative arbitration courts or the Registrar. [3] The revision petition was thus dismissed while allowing the petitioner to seek remedies before the appropriate forum as per law.

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    This Judgement Ranked 9 in The Hitlist.: National Consumer Disputes Redressal Commission

    Uploaded by

    GURMUKH SINGH
    67 views3 pages
    This judgement dismissed a revision petition filed against the dismissal of a complaint by the State Commission. [1] The complaint involved a dispute between a member of a cooperative society and the society over the non-payment of maturity amount of a deposit. [2] The Commission held that consumer forums do not have jurisdiction over disputes between cooperative societies and their members, as the Cooperative Societies Act provides for such disputes to be resolved by cooperative arbitration courts or the Registrar. [3] The revision petition was thus dismissed while allowing the petitioner to seek remedies before the appropriate forum as per law.

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    Anjana Abrham

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    This judgement dismissed a revision petition filed against the dismissal of a complaint by the State Commission. [1] The complaint involved a dispute between a member of a cooperative society and the society over the non-payment of maturity amount of a deposit. [2] The Commission held that consumer forums do not have jurisdiction over disputes between cooperative societies and their members, as the Cooperative Societies Act provides for such disputes to be resolved by cooperative arbitration courts or the Registrar. [3] The revision petition was thus dismissed while allowing the petitioner to seek remedies before the appropriate forum as per law.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    67 views3 pages

    This Judgement Ranked 9 in The Hitlist.: National Consumer Disputes Redressal Commission

    Uploaded by

    GURMUKH SINGH
    This judgement dismissed a revision petition filed against the dismissal of a complaint by the State Commission. [1] The complaint involved a dispute between a member of a cooperative society and the society over the non-payment of maturity amount of a deposit. [2] The Commission held that consumer forums do not have jurisdiction over disputes between cooperative societies and their members, as the Cooperative Societies Act provides for such disputes to be resolved by cooperative arbitration courts or the Registrar. [3] The revision petition was thus dismissed while allowing the petitioner to seek remedies before the appropriate forum as per law.

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    © All Rights Reserved
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    This judgement ranked 9 in the hitlist.

    A. Abraham v. Managing Dir. of Kooth. Far. Ser. Co-op. Bank (NCDRC)(New Delhi) : Law
    Finder Doc Id # 519080
    NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION

    (New Delhi)

    Before:- J.M. Malik, Presiding Member and Dr. S.M. Kantikar, Member

    Revision Petition No. 4871 of 2012. D/d. 2.9.2013.

    Anjana Abraham - Petitioner

    Versus

    Managing Director of Koothattukulam Farmers Service Co-operative Bank Ltd. -


    Respondent

    For the Petitioner :- Vinod Joseph PJ, Advocate.

    For the Respondent :- Biju P. Raman and Usha Nandini, Advocates.

    Consumer Protection Act, 1986 Sections 2(1)(e) and 21 Cooperative Societies


    Act, 1969, Section 69 - Consumer dispute - Conflict of member with co-
    operative society - Petitioner deposited L 10,000/ with Co-operative society
    and entittled to get back L 1,60,000 on maturity, however, same was not paid -
    Dismissal of complaint by State Commission - Revision filed - Question arises as
    to whether a Member can pick up a conflict with Co-operative Society, under
    Consumer Protection Act - Held, no - Moreover, there, alternative remedy
    available under section. 69 of the Act - Thus, complaint was rightly dismissed -
    Revision petition dismissed.

    [Paras 3 and 4]

    Cases Referred :

    P.P. Kapoor v. Government Servants Co-operative House Building Society Ltd., 1 (1999)
    CPJ 81.

    Dilip Bapat, v. Panchyati Co-operative Housing Society Limited, 1 (1993) CPJ 68 (NC).

    JUDGMENT

    J.M. Malik, Presiding Member - The key question which falls for consideration is,
    "Whether a Member can pick up a conflict with Co-operative Society, under the
    Consumer Protection Act?". The facts of this case are these. Ms. Anjana Abraham, the
    petitioner/complainant has filed this case through her Power of Attorney, Mr. Abraham C.
    Mathew, who is her father. On 29.5.1989, Mr. Abraham C. Mathew, deposited a sum of L
    10,000/- under Mangalya Deposit Scheme with the OP/respondent. As per the Scheme,
    the complainant was entitled to get back L 1,60,000/- on the date of maturity, i.e.
    29.5.2009. When the complainant requested on 5.6.2009, to pay the said maturity
    amount, the respondent refused to pay the same. The OPs have admitted that the said
    deposit was made. It is averred that the General Body of the Bank reduced the rate of
    interest. The petitioner/complainant invested the same and the OP was ready to pay the
    interest, as mentioned in the letter dated 30.6.2003.

    2. The District Forum partly allowed the complaint, filed by the complainant. The State
    Commission accepted the appeal filed by the opposite party/respondent and dismissed
    the complaint.

    3. We have heard the arguments. As a matter of fact, the consumer fora have no
    jurisdiction to try the disputes arising between Co-operative Societies and its Members.
    Section 69 of the Co-operative Societies Act, 1969, runs as follows:

    "Chapter IX

    Settlement of Disputes

    69. Disputes to be decided by Co-operative Arbitration Court and


    Registrar. - (1) Notwithstanding anything contained in any law for the first
    time being in force, if a dispute arises :
    (a) among members, past member or person claiming through members,
    past members and deceased members, or
    (b) between a member, past member or deceased member and the
    society, its committee or any officer, agent or employee of that society, or
    (c) between the society or its committee and any past committee, any
    officer, agent or employee or any past officer, past agent or past
    employee or the nominee, heirs or legal representatives of any deceased
    officer, deceased agent or deceased employee of the society, or
    (d) between the society and any other society, or
    (e) between a society and the members of a society affiliated to it, or
    (f) between the society and a person, other than a member of the society,
    who has been granted a loan by the society or with whom the society has
    or had business transactions or any person claiming through such a
    person, or
    (g) between the society and a surety of a member, past member,
    deceased member or employee or a person, other than a member, who
    has been granted a loan by the society, whether such a surety is or is not
    a member of the society, or
    (h) between the society and a creditor of the society, such dispute shall be
    referred to the Co-operative Arbitration Court constituted under Section
    70A, in the case of non monetary disputes and to the Registrar, in the
    case of monetary disputes and the Arbitration Court, or the Registrar, as
    the case may be, shall decide such dispute and no other authority, shall
    have jurisdiction to entertain any suitor other proceedings in respect of
    such dispute".
    4. Similar view was taken in the case reported as P.P. Kapoor v. Government
    Servants Co-operative House Building Society Ltd., 1 (1999) CPJ 81, wherein it
    was held in Para 7 of its judgment, as under :
    "In our view, the dispute sought to be raised was a dispute arising out of
    the alleged non-compliance of provisions of the Delhi Co-operative
    Societies Act and the Rules framed thereunder, under Section 60 of the
    said Act. Section 93(1)(c) of the said Act vests jurisdiction in respect of
    the disputes required to be referred to the Registrar under Section 60.
    Sub-rule (3) ousts jurisdiction of "any Court, on any ground, whatsoever"
    to question any order/decision or award made under the Act. In Dilip
    Bapat & Anr., v. Panchyati Co-operative Housing Society Limited, 1
    (1993) CPJ 68 (NC), it was observed in Para-11 of the report that
    dispute of this nature is not a consumer dispute under the Consumer
    Protection Act and the right Forum was to have ones remedy under the
    Co-operative Societies Act".
    5. Consequently, we dismiss the revision petition, but grant opportunity to the
    petitioner/complainant to seek his/her grievance(s) before the appropriate forum, except
    the consumer fora, as per law.

    Revision dismissed.

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