Hon’ble Mr. Ajeya Matilal, Presiding Member

          Ld. Advocate for respondent is present.

          Being aggrieved by and dissatisfied with the final order dt. 04.03.2022 passed by the Ld. DCDRC, Kolkata, Unit-I in CC/330/2019 dismissing the complaint against the OPs the appellant/complainant  preferred this appeal.

Today the appellant is absent without any steps.

Heard the Ld. Advocate for the respondent.

          The main grievance of the appellant is that the Ld. Forum below failed to appreciate the question of law involved in the case.

          The fact of the case is in short like that the complainant booked a holiday home of the OPs @ Rs. 6000/- for 6 days on and from 06.06.2019 (noon) to 12.06.2019 (noon). But due to some reasons the complainant was unable to avail of the holiday home and prayed for return of Rs. 6000/- for that purpose as per rules, the complainant again booked the same holiday home for one day @1000/- per day. In doing so, the complainant claimed Rs. 6000/- and filed the complaint case.

It appears in the aforesaid complaint the OP no. 1 was Allahabad Bank Employees Co-operative Credit Society Ltd. and OP no. 2 was the secretary of Allahabad Bank Employees Cooperative Credit Society Ltd.

There address was 14 Indian Exchange Place, P.S. Hare street, Kolkata- 700001.

 The Ld. Forum below dismissed the complaint with an observation to the effect that the case was not maintainable under C.P. Act 1986 in view of section 102 (4) of West Bengal Cooperative Societies Act, 2006. As per section 102 (4) of the West Bengal Cooperative Societies Act, 2006: “Any Civil Court or any Consumers’ Disputes Redressal Forum shall not have any jurisdiction to try any dispute as mentioned in sub-section (1).”

In this context the Ld. Forum below mentioned the provisions of section 102 (1) of the West Bengal Co-operative Societies Act 2006 in this regard wherefrom it appears  “Any dispute concerning the management or business or affairs of a co-operative society other than the dispute relating to election in a co-operative society as and when such election conducted by the co-operative Election Commission and disciplinary action taken by co-operative society against its plaid employees regarding the terms and conditions of the service shall be filed before the Registrar for settlement..................”

In view of the position of law referred  above along with the factual scenario of the case the Ld. Forum below dismissed the complaint with observation that the complainant did not have any cause of action and the forum below did not have any jurisdiction to entertain the dispute.

In view of the aforesaid discussion, we are of the view the impugned order does not suffer from any illegality and does not require any interference from this Commission.

Accordingly, A/91/2022 is dismissed on merit. Impugned order is upheld. There shall be no order as to the costs.

Let a copy of this order be sent to the Ld. DCDRF, Kolkata, Unit-II.

The Joint Registrar of this Commission is requested to do the needful in this regard.