West Bengal

Bankura

CC/21/2018

Sri Meghanath Singha - Complainant(s)

Versus

Assistance General Manager - Opp.Party(s)

Tapan De

10 Apr 2023

ORDER

   IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION BANKURA

  Consumer Complaint No. 21/2018

Date of Filing: 20.03.2018

Before:                                        

1. Samiran Dutta                              Ld. President.      

2. Rina Mukherjee                          Ld. Member. 

3. Siddhartha Sankar Bhui            Ld. Member.

For the Complainant:  Ld Advocate Subrata Kumar Chakraborty

For the O.P. Ld Advocate Amitabha Chatterjee

Complainant  

Sri Meghnath Singha, S/o Sri Rupnarayan Singha, Vill-Barjuri, Gobindadham, G. Ghati, Bankura

 

Opposite Party          

1.Assistant Manager (NF), Bankura Dist. Co-op Agriculture and Rural Development Bank Ltd., Rampur, Manohartala, Bankura

2.CEO of Asstt. Registrar of Co-operative Societies, Bankura Dist. Co-op Agriculture and Rural Development Bank Ltd, Rampur, Manohartala, Bankura

FINAL ORDER / JUDGEMENT  

Order No.36

Dated:10-04-2023

Both parties file hazira through advocate.

The case is fixed for argument.

After hearing argument from both sides the Commission proceeds to dispose of the case as hereunder: -

The complainant’s case is that he purchased a tractor under BSKP Scheme after taking loan from the O.P.  The complainant could not however repay the entire loan amount due to financial deficiency and family troubles but to his utter surprise he received a Notice dt.06-03-2018 from the O.P. directing the complainant to produce the tractor on 15-03-2018 at Gangajalghati P.S. for taking necessary action for non-payment of loan amount. The complainant has therefore approached this Commission for appropriate relief challenging the said Notice dated: 06-03-2018 with the prayer for other relief.

                                                                                                                                                                                    Contd…….p/2

Page: 2

The O.P. / Co-operative Society, Bankura district Co-operative Agricultural and Rural Development Bank contested the case by filing a written version denying all the material allegations made in the complaint and contending inter alia that the case is not maintainable under West Bengal Co-operative Society Act, 2006 as this Commission has no jurisdiction to decide the issue involved in this case.

-:Decision with Reasons:-

Before entering into the merit of the case it is necessary to decide the legal issue as to whether this Commission has any jurisdiction to decide this case and grant the relief as prayed for. 

Admittedly the O.P. is a Co-operative Society registered under West Bengal Co-operative Societies Act and as such the management and the business and affairs of the O.P. Bank is to be dealt with and regulated in accordance with the provision of West Bengal Co-operative Societies Act, 2006.

Section 102 (4) of the said Act provides that no Civil Court or any Consumer Disputes Redressal Commission shall have any jurisdiction to try any dispute concerning the management or business or affairs of the Co-operative Society and Section 145 (2) (D) of the said Act also provides that save as provided in this Act no Civil Court or Revenue Court or Consumer Disputes Redressal Commission shall have jurisdiction in regard to anything contained or action taken or any order passed under this Act.

The complainant has challenged the Notice dt.06-03-2018 issued by the O.P. / Co-operative Society Bank for production of the tractor at Gangajalghati P.S. for physical verification and for taking necessary action for non-payment of loan amount and the subject matter of this Notice lies within the privilege and domain of the O.P. / Co-operative Society Bank for determination of the fate of the loan transaction of the complainant in accordance with the law and as such the O.P./Co-Operative Society Bank is protected by the Section 102 (4) and Section 145 (2)(D) of West Bengal Co-operative Societies Act, 2006 from any interference of any Civil Court or any Consumer Disputes Redressal Commission to determine such dispute between the  Borrower and the Lender.

                                                                                                                                                                                            Contd……p/3

Page: 3

U/s 100 of the Consumer Protection Act, 2019 the Consumer Commission shall exercise power and jurisdiction in addition to not any derogation of the provision of any other law for the time being in force. The jurisdiction and power of this Consumer Commission is completely oustated by the aforesaid provision of the West Bengal Co-operative Societies Act, 2006 to adjudicate the issue involved in this case and in view of the legal prohibition provided under Section 100 of Consumer Protection Act, 2019 this Commission has no jurisdiction to proceed with the case and decide the Consumer dispute in ignorance of the clear provisions under the West Bengal Co-operative Societies Act, 2006

The Commission has no jurisdiction to go into the merit of the case as the matter of dispute involved in this case completely lies within the power and jurisdiction of Co-operative Registrar under the West Bengal Co-operative Societies Act, 2006.

Accordingly  it is ordered……..

That the case is dismissed on contest as being not maintainable for want of jurisdiction.

Both parties be supplied copy of this Order free of cost.  

 

  ____________________               ________________               _________________

HON’BLE   PRESIDENT           HON’BLE MEMBER          HON’BLE MEMBER