ORDER NO. 2 DT. 06.06.11
HON'BLE JUSTICE MR. P.K.SAMANTA, PRESIDENT
Revisionist through Mr. Manoranjan Maiti and OP through Mr. Raghunath Chakraborty, Ld. Advocates, are present. Heard both sides on the Revisional Application. Judgement is passed as under :-
This Revisional Application is directed against the order dt. 22.3.11 passed the Forum below in Complaint case No. CC-35/2009 thereby rejecting the petition filed by the OP challenging the maintainability of the complaint case. Evidently the complaint case was filed on 11.6.09 alleging deficiency in service by the Tamluk Sub-Divisional Hospital Employees Co-operative Credit Society Ltd. It is not in dispute that the aforesaid Co-operative Credit Society Ltd. is governed by the West Bengal Co-operative Societies Act as framed. The West Bengal Co-operative Societies Act, 2006 has come into force w.e.f. 25.5.10, vide Notification No. 712-A dt. 25.5.10 published in Kolkata Gazette, Extraordinary dt. 25.5.10. It has been contended by the OP that in view of Sub-section 4 of Section 102 of the aforesaid Act of 2006 the above complaint case is not maintainable before the Consumer Disputes Redressal Forum. We are unable to accept such contention. The said Act of 2006, as already stated hereinbefore, has come into force w.e.f. 25.5.10, i.e. long after the filing of the above complaint case before the Consumer Disputes Redressal Forum. Section 6 of the said Act of 2006 provides as under :-
"Repal and savings - (1) The West Bengal Co-operative Societies Act, 1983 (West Ben. Act XLV of 1983) is hereby repealed.
(2) Notwithstanding such repeal anything done or suffered or any action taken including any rule made, and transaction entered into, any notification or notice issued with prospective or retrospective effect, any order passed, any appointment or registration made, any suit or proceeding commenced, any dispute decided or referred to arbitration, any right or title accrued, or any liability or obligation or penalty incurred under the Co-operative Societies Act 1912 (2 of 1912) or the Bengal Co-operative Societies Act, 1940 (Ben. Act XXI of 1940) or the West Bengal Co-operative Societies Act, 1973 (West Ben. Act XXXVIII of 1973) or the West Bengal Co-operative Societies Act, 1983 (West Ben. Act XLV of 1983) shall be deemed to have been done or suffered or taken under this Act, as if the provisions of this Act were in force at all material times when such thing was done or suffered or such action was taken.
(3) Every Co-operative soceity existing at the commencement of this Act which has been registered or deemed to have been registered under the Co-operative Societies Act, 1912 or the Bengal Co-operative Society Act, 1940 or the West Bengal Co-operative Act, 19i73 or the West Bengal Co-operative Act, 1983 shall be deemed to have been registered under this Act, and its by-laws shall, in so far as they are not inconsistent with the provisions of this Act, continue in force until altered or rescinded and shall to such extent be deemed to be registered under this Act."
In view of sub-section 2 of the said section the complaint case having been filed before the said Act of 2006 had come into force was very much mainainable on the date of its filing.
Furthermore, the OP by an earlier petition challenged the maintainability of the said complaint case unsuccessfully. On such plea the said order dt. 3.9.10 rejecting the said petition of the OP had not been challenged in any higher forum. The second petition on the self-same ground is also not maintainable.
For the foregoing reasons we do not find any illegality and/or material irregularity in the exercise of jurisdiction by the Forum below in rejecting the above petition of the OP challenging the maintainability of the complaint case. The Revisional Application is thus dismissed.
The complaint case since is pending from the year 2009 as aforesaid, the same should be disposed of as expeditiously as possible, preferably within a period of three months from the date of communication of this order. A copy of this order be sent to the Forum below forthwith.
