West Bengal

Bankura

CC/41/2022

Sri Dukhabhanjan Das - Complainant(s)

Versus

Assistant Registrar of Co-operative Societies, Bankura Cum Chief Executive Officer, Bankura District - Opp.Party(s)

Tapan De

24 Aug 2023

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

  Consumer Complaint No. 41/2022

             Date of Filing: 12.12.2022

Before:                                        

1. Samiran Dutta                              Ld. President.      

2. Rina Mukherjee                          Ld. Member. 

3. Siddhartha Sankar Bhui            Ld. Member.            

For the Complainant:  Ld. Advocate Tapan De

For the O.P. : Ld. G.P., Bankura

 

Complainant

Sri Dukhabhanjan Das, S/O Late Shankarananda Das, Vill & Amsole, P.O.Baidyanathapur,P.S. Khatra, District- Bankura, PIN-722 140                                                                                                                                                 

Opposite Party

1.Assistant Registrar of Co-operative Societies, Bankura Cum Chief Executive Officer, Bankura District Co-operative Agriculture & Rural Development Bank Ltd., Registered Office at Rampur, Manohar Tala, P.O.&Dist. Bankura- 722 101

2.Chairman, Bankura District Co-operative Agriculture & Rural Development Bank Ltd.,     Registered Office at Rampur, Manohar Tala, P.O.&Dist. Bankura- 722 101

3.Manager, United Bank of India, Khatra Branch renamed as Punjab   National Bank, Khatra Branch, P.O.Khatra, Dist. Bankura – 722 140

4.Supervisor  of Bankura District Co-operative Agriculture & Rural Development Bank Ltd.,Office of the Manager,  Khatra Branch, P.O.Khatra, Dist. Bankura – 722 140

5.Manager, Bankura Dist. Co-op Agriculture & Rural Dev. Bank, Rampur, Bankura

                                                                                                                                     &

Executivee Engineer, Kangsabti Mechanical Division, , P.O.Khatra, Dist. Bankura – 722 140

                                                                                                                                                            …………Proforma Opposite Party

 FINAL ORDER / JUDGEMENT              

                                                                                                                                             

Order No.09

Dated:24-08-2023

Both parties file hazira through advocate.                                                               

The case is fixed for argument.

Elaborate argument is not necessary in this case and so the Commission decides to dispose of the case on the maintainability issue.

The Complainant’s case is that he took House building loan for Rs.1,36,000/- from O.P. / Bankura District Co-operative Agricultural and Rural Development Bank and by Memo No.220/BDCARDB/2019-2020, dated: 20/07/2019 said Bank Authority informed Pro-forma O.P. No.5 / Employer of the Complainant for deduction of the outstanding loan amount with interest to the tune of Rs.2,88,107/- and the O.P. No.5 Authority duly deducted the same but the O.P./Co-operative Bank Authority did not issue Clearance Certificate / No Dues Certificate in favour of the Complainant and ultimately the Complainant was bound to deposit Rs.28,953/- with the O.P./Co-operative Bank Authority to get the No Dues Certificate. The Complainant has approached this Commission for refund of the said extra money of Rs.28,953/-

The O.P. / Co-operative Bank Authority contested the case by filing a written version mainly challenging the maintainability issue of the instant complaint. O.P. No.5 / Executive Engineer, Kangsabati Mechanical Division, Khatra, Employer of the Complainant also made their submission supported by documents in relation to the deduction of the loan amount from the salary of the Complainant. O.P. No.5 has nothing to do in this case.

                                                                                                                                                                                     Contd……p/2

                                                                                                       Page: 2

-: Decision with reasons: -

Having regard to the facts of the case, submission and documents on record the Commission finds that admittedly the Complainant took a House Building loan from the O.P./Co-operative Bank  and the same has been deducted from his salary through his Employer / O.P. No.5 and the Complainant had to pay Rs.28,953/- to the O.P./Co-operative Bank Authority in order to get the No Dues Certificate to obtain his all retirement benefits from the West Bengal Government.

The Complainant has not produced any receipt in support of such extra payment and in absence of any such receipt the Commission cannot guess on what account that money has been received by the O.P./Co-operative Bank Authoity. O.P./Co-operative Bank Authoity is a Co-operative Society, registered and regulated under West Bengal Co-operative Societies’ Act, 2006 and the Complainant is a borrower under them and so in view of Section-102 (1)(d) of West Bengal Co-operative Societies’ Act, 2006 this Commission has no jurisdiction to entertain any dispute arising out of the Co-operative Society and the borrower and Section-145 (2) of the said Act also oust expressly the jurisdiction of this Commission in such matter. The Competent Authority is the concerned Registrar appointed under the said Act.

The Complainant is given liberty to move before the appropriate Authority for redressal of his grievance.

 

Hence it is ordered……..

That the instant case is dismissed on maintainability point.

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

 

 ____________________                _________________             _________________

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