Both parties file hazira.
The petition dated 02.06.2016 filed by the O.P No.1 U.Co Bank, Md. Bazar Branch for dismissal of the case as the present case is not maintainable is taken up for passing necessary order.
The complainant has contested the case without filing any formal written objection.
Perused the complaint, written version filed by the O.P No.1 and 2 and other materials on record.
We find that OP No.1 U.Co Bank in their written version raised a plea that this Forum has no jurisdiction to adjudicate the case as the complainant being co-operative society u/s 102 of West Bengal Cooperative Act 2006 has ousted the jurisdiction of the Forum.
We find that the complainant Md. Nazir Hossain, Secretary of Purnagram S.K.U.S Ltd. i.e. Samabay Krishi Unayan Samity has filed the present case alleging that additional treasury officer, Birbhum Treasury-I issued a cheque bearing 393132 on 26.03.15 amounting to Rs. 45,600/- for their head of account in favour of Purnagram SKUS Ltd. in respect of outstanding honorarium of the employees of said society.
The complainant presented the said cheque before O.P No.1 Bank on 10.06.15 for encashment as per endorsement of the ARCS Birbhum. But the O.P No.1 U.Co Bank returned the said cheque with remarks “outdated”.
It is the further case of the complainant that he sent an applicat4ion on 08.04.15 to ARCS Suri to revalidate the said cheque as per instruction of O.P No.1 Bank. But the ARCS refused to do the same.
It is the further case of the complainant that he presented the said cheque within validity period to the O.P No.1 Bank but no tangible action has yet been materialized in respect of encashment of the said cheque from OP No. 1 or O.P No.2 and thereby they caused negligence and deficiency in service.
Hence this case.
During hearing Ld. Advocate/Agent of the complainant submitted that this Forum has every jurisdiction to try this case.
In support of his contention he cited head notes (net copy) of a ruling reported in 2013(9) SCC 383 where construction of flats by cooperative housing society for its members pursuant to allotment of land therefor by State Development Authority. Society refunding amounts deposited by appellant members of society in respect of flats applied for and terminating their membership on ground of their persistent default in payment of installment.
A consumer complaint has been filed.
Hon’ble Apex Court pleased to hold that appellant who deposited installments of price for the flats being constructed by the society, were covered by definition of consumer u/s 2(1)(d) of C.P Act 1986 and the complaints filed by them were maintainable under C.P Act.
In the said net copy it is also noted that availability of alternative under another statue, in present case, (under Haryana Co-operative Societies Act, 1984) – effect of, held, not a bar to seek remedy under C.P Act 1986, as it has repeatedly been held by the Supreme Court that the remedy available under C.P Act 1986 is in addition to the remedies available under other statues and the availability of alternative remedies is not a bar to the entertaining of a complaint filed under the consumer protection act.
But we find that this is not the way of citing ruling before the quasi-judicial authority without submitting the copy of the entire judgement of the Hon’ble Apex Court.
More so, we are in dark about facts of the said case, and law point discussed by Hon’ble Apex Court and Haryana Cooperative Societies Act 1984.
So, this ruling is not applicable in this case.
He cited another judgement passed in FA/903/2012 by Hon’ble State Commission, West Bengal, which was preferred against the final order passed by Ld. Dist. Forum, Purba Midnapur.
In the said case the complainant is a saving bank account holder bearing No. D/1/93 of Purba Midnapure Dist. Hospital Employee’s Cooperative Credit Society Ltd. The complainant had a balance of Rs. 97,142/- on 31.03.2008. The complainant vide his letter dated 26.03.2008, 03.04.2009 and 02.05.2009 requested the Secretary of the said credit society for withdrawal of money from his account. No action being taken by the O.P, the complainant filed a consumer case before the Dist. Forum, and prayed for directing upon the O.Ps to pay the sum of Rs. 97,142/- along with upto date interest and sum of Rs. 25,000/- as compensation for damage caused by mental agony and harassment.
The case was allowed by the Dist. Forum by directing both the O.Ps jointly and severally to pay balance Rs. 97,142/- to the complainant.
On appeal the same was dismissed and order passed by the Ld Dist. Forum was confirmed.
But we find that in the said judgment jurisdiction of Forum regarding dispute between cooperative society and any person having transaction with cooperative society and Bank has not been discussed.
We find that in view of the Sec. 102(1)(d) any dispute between two cooperative society or between a cooperative society and a liquidator of another cooperative or between liquidator of two different cooperative or between a cooperative society and any person having transaction with it or between a cooperative society and its financial bank are to be filed before the Registrar for settlement.
Sec. 102 (4) runs thus; any Civil Court or any Consumer Redressal Forum shall not have any jurisdiction to try any dispute as mentioned in the Sub Sec.1.
In his reply Ld. Advocate/Agent of the O.P No.1 Bank has submitted a copy of the judgement passed in FA No. 30/2014 (arising out of C.C No. 63/12 of Dist. Forum Birbhum) by Hon’ble State Commission, West Bengal.
In the said case it is the case of the complainant that he was provided by the O.P No.1 on 16.03.2012 with overdraft facility with a limit of Rs. 2,00,000/- for manufacturing bricks. Thereafter, the complainant was further provided with sanction of loan on 08.04.2003 of Rs. 8,10,000/- under KVIC/REGP Scheme meant for unemployed youth, including the subsidy of Rs. 2,25,000/- under the said scheme, but the O.P No.1 Cooperative Bank did not disburse the same including the amount of subsidy, thereby misappropriating the subsidy along with margin money deposited by the complainant.
The case was allowed by Ld. Dist. Forum with direction to O.P No.1 to adjust the subsidy/margin money of Rs. 2,25,000/- together with security deposits and share amount of the petitioner with his loan account and to pay to the complainant of Rs. 50,000/- as compensation and Rs. 2,000/- as litigation cost.
In the said appeal Hon’ble State Commission pleased to hold that,
“The petition of Complaint and the other materials, as brought on records, sufficiently demonstrate that the dispute involved centres round the transaction between a person, as is the present Respondent/Complainant, and a Cooperative Society. The dispute involved being so, it is squarely covered by Clause (d) of Sub Section (1) of Section 102 of the West Bengal Cooperative Societies Act, 2006 which reads as under:
“(d)………………. Between a Cooperative Society and any person having transaction with it..”
Therefore, the present case is excluded from the jurisdiction of the Consumer Fora as envisaged in the provisions of Sub Section (4) of Sec.102 of the said Cooperative Societies Act which runs:
“(4) Any Civil Court or any Consumer Dispute Fora shall not have any jurisdiction to try any dispute as mentioned in Sub Section (1)”.
In view of the aforesaid bar of the Cooperative Societies Act, we are unable to agree with the conclusion of the Ld. District Forum in the impugned judgement and order which is coram non judice. On the facts and evidence on record the impugned judgement and order is liable to be set aside.”Considering overall matter into consideration and discussion made above and relying upon the judgment passed in FA No.30/14 we are constrained to hold that this Forum has no jurisdiction to try this case and the case is not maintainable.
Hence
Ordered,
that the petition dated 02.06.2016 filed by the O.P No.1 U.Co Bank for dismissal of the case as the same is not maintainable is allowed.
The C.C Case No. 123/2015 be and the same is dismissed on contest but without any cost.
Copy of this order be supplied to the parties each free of cost.
