ORDER

Complaint under  Sec.12 of the CPA 1986 as amended upto date

Per Sh. Rakesh Kapoor, President

          The complainant is a member of the OP society and had been contributing towards the monthly subscription as per rules and byelaws of the society.  He was dismissed from his service in the year 2010.  It is alleged by the complainant that as per the OP  society rules and byelaws, he is entitled to the refund of a sum of Rs.30,000/-  Since the society had refused to pay the aforesaid sum, he had approached this Forum with the present complaint.

The OP society has contested the complaint and has filed a written statement.  The society has claimed that there is no deficiency in service on its part and that the complainant is not entitled to the refund of Rs.30,000/- as claimed by him.  It has claimed that as per the rules of the society, effective from 1.7.2009 on retirement of a member, a sum of Rs.30,000/- is required to be paid but in all other cases such as V.R.S., SVRS, resignation, termination, dismissal, CRS or removal from bank services, 50% of the contribution of the member made till his employment or a maximum of Rs.10000/- whichever is lower has to be paid.  The OP society has therefore, claimed that there are no merits in this complaint and the same is liable to be dismissed.  It has prayed accordingly.

We have heard arguments advanced at the bar and have perused the record.

The Ld. Counsel for the OP has drawn our attention to the rules and byelaws of the OP society which were amended and came into existence w.e.f. 1.7.2009. A copy of the rules/Byelaws has been placed on record.   Our attention has been drawn to rule 11 (c) of these rules, according to which on the dismissal of an employee 50% of the contribution or a maximum of Rs.10000/- which is lower have to be paid.  The Ld. Counsel has contended that these rules have been approved by the Registrar of the Co-operative Society under the Society Registration Act and the legality of these rules can not be gone into by this Forum.  We are in agreement with the contention of the Ld. Counsel. The amended rules of the OP society have come in force w.e.f. 1.7.2009 and have been duly approved by the Registrar of Societies.  This Forum has no power to declare the rules as ultra virus.  The OP society has already paid to the complainant a sum of Rs.6200/- i.e. amount of the entire contribution made by the complainant.  In view of this we find no merits in this complaint.

          The same is hereby rejected.

                   Copy of the order be made available to the parties as per rule. 

File be consigned to record room.

          Announced in open sitting of the Forum on.....................