| Complaint Case No. CC/395/2022 | | ( Date of Filing : 11 Jul 2022 ) |
| | | | 1. Mrs. Nabanita Roy Chowdhury, W/o. Amitava Roy Chowdhury | | 76/31,RBC Road,Krishna Villa Apartment,Flat No.D2,Mahendra Colony,P.S. Dum Dum,Kolkata,West Bengal-700028 |
| ...........Complainant(s) | |
| Versus | | 1. Delhi Heights Multi State CGHS Ltd | | SF 1,2nd Floor,Wadhwa Plaza 2,Plot No.5,Centeral Market,Sector 10Dwarka,Delhi-110075,P.O.-Dwarka,P.S. Dwarka Court | | 2. Mr Harender Tomar(President),Delhi Heights Multi State CGHS Ltd. | | SF 1,2nd Floor,Wadhwa Plaza 2,Plot No.5,Centeral Market,Sector 10 ,Dwarka,Delhi-110075,P.O.-Dwarka,P.S. Dwarka Court | | 3. Aakash Bharadwaj(Vice Chairman)Delhi Hights Multi State CGHS Ltd | | SF 1,2nd Floor,Wadhwa Plaza 2,Plot No.5,Centeral Market,Sector 10 ,Dwarka,Delhi-110075,P.O.-Dwarka,P.S. Dwarka Court | | 4. Sunil Tak(Director),Delhi Heights Multi State CGHS Ltd | | SF 1,2nd Floor,Wadhwa Plaza 2,Plot No.5,Centeral Market,Sector 10 ,Dwarka,Delhi-110075,P.O.-Dwarka,P.S. Dwarka Court | | 5. Sanjoy Chopra (Director),Delhi Heights Multi State CGHS Ltd. | | SF 1,2nd Floor,Wadhwa Plaza 2,Plot No.5,Centeral Market,Sector 10 ,Dwarka,Delhi-110075,P.O.-Dwarka,P.S. Dwarka Court |
| ............Opp.Party(s) |
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| Final Order / Judgement | Today is fixed for hearing of the Ld. Advocate on the point as to the admissibility of the complaint. After hearing the Ld. Advocate of the complainant and perusing the material available on record, we find that the dispute has surfaced in between the co-operative society named as Delhi Heights Multi State CGHS Ltd. (registered with Central Registrars of Co-operative Society) and its member Ms. Nabanita Roy Choudhury. The complainant who was a member of the aforesaid co-operative society advanced a sum of Rs. 10, 87,300/- in August, 2018 in 3 instalments for acquiring a 3BHK flat of HIG (1024) category measuring about 1024 sq.ft. in Delhi. The complainant states that the co-operative society thereafter neglected to respond to her quarries as to the deadline for handing over the flat for which she lost interest and wanted to back out in 2020. This is why she has filed this case against the Cooperative Society and its officer bearers (i.e. the Opposite parties) for refund, compensation and costs. But the dispute is in between (I) a co-operative society and (ii) its member. Section 102 of West Bengal Co-operative Society Act, 2006 which corresponds to Section 70 of Delhi Co-operative Societies Act, 2003 stands in the way. As per section 70 of Delhi Act the Civil courts and consumer courts are debarred from dealing with any dispute arising between a Co-opertive Society and its member. Section 70 (b) of Delhi Act creates an embargo upon the power of a consumer court in the matter of resolving any dispute between a Coopertive Society and its member like section 102 of Bengal Act. It is the Registrar of the concerned Cooperative Society who has the exclusive power for doing this. Keeping an eye open to Section 70 of Delhi co-operative Society Act and Section 102 of West Bengal Co-operative Society Act we can safely conclude that this commission this Court has no jurisdiction to entertain this. The judgement reported in 2019 SCC online NCDRC 694 to which reference had been made by the Ld. Advocate appearing for the complainant does not relate to any such dispute. It was pronounced in a case where the question arose as to whether the office- bearers of a cooperative Society or a co-operative society can be sued. Here in this case the office bearers and the cooperative Society have been sued. Moreover, the codified law (Section 70 of Delhi Act and Section 102 of Bengal Act which appear to be quite clear on the subject is quite applicable. Thus the judgement cited by the Ld. Advocate does not come in any aid to the complainant. We are, therefore, constrained to opine that this case is not maintainable before this Consumer Commission. Hence it is ordered that the case be and the same is dismissed as being not admitted. Let a plain copy be given to the parties free of cost as per CPR. Dictated and Corrected by [HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT
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