Consumer Complaint No. 57 of 2014
Date of filing: 11.04.2014. Date of disposal:30.08.2016.
Present :
Sri Asoke Kr. Mandal, Hon’ble President,
Smt. Silpi Majumder, Hon’ble Member,
Sri Pankaj Kr. Sinha, Hon’ble Member,
Complainant: Pratima Moharar,
W/o. Samarjit Moharar, resident of Railpar, K.s. Road,
Dipupara, Near, Shiv Mandir, P.S.-Asansol (North), P.O.-Dhadka,
Pin No.713302, Dist.-Burdwan, W.B.
-VERSUS-
Opposite Party No.1: Branch-in-charge, OAK India Multistate Credit Co-operati9ve society
(IVY Apartment), Ground Floor, Silicate Factory Road, Opposite-Okal
Bodhan Durga Mandir, Ushagram, Asansol-713 303.
(Expunged vide Order No.10, Dated: 22.8.2016)
Opposite Party No.2: Onkar Singh (President), Kunal Tiwari (Vice President) and Other
Board of Director, OAK India Multistate Credit Co-operativ Society,
Glorious Place, 3rd Floor, 11/1C/1 East Tapsia Road, Kolkata-46.
Appeared for the Complainant: Complainant herself.
Appeared for the Opposite Party: None.
JUDGEMENT
The complainant’s case in short is that the O.P. No.1 is a registered Co-operative Society having registration No. MSCS/CR/649/2012 under Central Co-operative Regulatory Authority, Department of Agriculture, Govt. of India. The complainant invested in two recurring policies having policy Nos. 10600120367 & 10600120368 started on and from 31.1.2013, in Asansol Branch Office of the O.P. The complainant as per terms of policy had been paying Rs.5,000/- per month as installment in both the policies. The date of maturity of the said two policies is 31.1.2014. The complainant paid the last policy installments of both the policis on 28.11.2013. But after the expiry of the maturity period and till this date the O.Ps. have not paid the maturity value to the complainant. The complainant on several occasions verbally and in writing made requests to the O.Ps. to pay the matured value of the policy as mentioned above but no fruitful result was made. For the illegal act of the O.Ps. and deficiency in service on the part of the O.Ps. the complainant has been harassed and has been forced to come before this Forum. So, the complainant is also entitled to get the maturity value of both the policy, to get compensation and also to get the litigation cost. Hence, this case with the prayer as mentioned above.
The complainant did not comply the directions of this Forum by filing the requisits for service of notice of this case, upon the O.P. No. 1, as such the name of O.P. No. 1 has been expanged vide Order No. 10 dt. 22-08-2016.
In spite of service of notice upon the O.P. No. 2, they did not appear in this case. So this case was heard exparte against them.
DECISION WITH REASON
In support of the case as ventilated in the complaint petition supported by affidavit, the complainant has relied upon the photocopies of certificate of registration of the O.P. Co-operative Society, two acknowledgment-cum-receipts showing payment of last premium to the O.Ps. only.
We carefully perused the contents of the complaint petition and the documents on which the complainant has relied. On scrutiny of the record it appears that this complaint was filed on 11.4.2014 and after admission of this complaint notice were send to the O.Ps. but the notice upon the O.P. No.1 was not served and as such the complainant was directed by fixing more or less six dates to take steps for service of notice upon the O.P. No.1 afresh. But on such dates the complainant kept himself silent. The conduct of the complainant shows that the complainant has lost her interest in this case. From the record it further appears that getting no alternative, this Forum was pleased to expunge the name of O.P. No.1 by passing the order No.10 dt. 22.08.2016. The policy certificates have not been filed in this case. There is no evidence on record showing the terms of the policies and also the date of maturity of the policies in question. Inspite of repeated directions the complainant did not appear before this Forum. The documents submitted in this case are not sufficient to prove the case of the complainant. More over Section-102(4) of West Bengal Co-operative Society Act, 2006 has outstated the jurisdiction of this Forum to try this type of dispute. Section 102(4) of said Act says “any Civil Court or any Consumer Disputes Redressal Forum shall not have any jurisdiction to try any dispute as mentioned in Section-102(1).” The disputes as mentioned in the complaint is within the purview of Section-102(1) of West Bengal Co-operative Society Act, 2006. Accordingly, we are of the opinion that this Forum has no jurisdiction to try this case.
In view of our above discussions the case fails.
Fees paid is correct.
Hence, it is
Ordered
that the C.C. No.57/2014 is dismissed against the O.Ps. ex-parte without any cost.
Let the copies of this order be supplied to the parties free of cost.
(Asoke Kr. Mandal)
Dictated and corrected by me. President
D.C.D.R.F., Burdwan
(Asoke Kr. Mandal)
President
D.C.D.R.F., Burdwan
(Silpi Majumder) (Sri Pankaj Kr. Sinha)
Member Member
D.C.D.R.F., Burdwan D.C.D.R.F., Burdwan
