Karnataka

Mysore

CC/203/2017

B.G.Rangegowda - Complainant(s)

Versus

Government Employees House Building Co-Op.So. and 2 others - Opp.Party(s)

Inperson

04 Aug 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM MYSURU
No.1542 F, Anikethana Road, C and D Block, J.C.S.T. Layout, Kuvempunagara,
Kuvempunagara, (Behind Jagadamba Petrol Bunk), Mysuru-570023
 
Complaint Case No. CC/203/2017
 
1. B.G.Rangegowda
No.55, G Block, Vijayanagara 3rd stage, Mysuru
Mysuru
Karnataka
...........Complainant(s)
Versus
1. Government Employees House Building Co-Op.So. and 2 others
President, Governament Employees House Building Co-Op.Society, Chamaraja Double Road,Sahakara Sankeerna, Mysore-4
Mysuru
Karnataka
2. 2. Secretary
Government employee House Building Co-operative Society , Chamaraja Double Road, Sahakar Sankeeran , Mysuru-04
Mysuru
Karnataka
3. 3. Co-operative Society Regulators, (Residency and others)
No. Ali Oscar road , Banglore-52.
Bengalore
Karnataka
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. H M Shivakumara Swamy PRESIDENT
 HON'BLE MS. M V Bharathi MEMBER
 HON'BLE MR. Devakumar M.C MEMBER
 
For the Complainant:Inperson, Advocate
For the Opp. Party:
Dated : 04 Aug 2017
Final Order / Judgement

 

 

 

 

 

 

ORDER ON MAINTAIANBILITY

 

  1.     This complaint is filed to cancel the amendment made to the bi-law, to cancel the present Board of Directors, since the Board of Directors acquired property unauthorisedly.  Thereby, to forfeit such property to the Government and for cancellation of allotment made by the society and to reallot the site, to take action against Secretary and other officials for unlawful activities or in the alternative to supersede the society.
  2.     After hearing the complainant who appeared in person, this matter is set down for orders. 
  3.     The points arose for our consideration are:-
  1. Whether the complaint is maintainable?
  2.  What order?

 

  1.    Our findings on the aforesaid points are as follows:

Point No.1 :- In the negative.

Point No.2 :- As per final order for the following

 

:: R E A S O N S ::

 

  1.    Point No.1:- At the outset, the complainant has not alleged any deficiency of service on the part of opposite party society except alleging that he is the member of the society.  This Forum can invoke the jurisdiction against the society in case of any deficiency in service to the complainant.  Whereas, in this case, the complainant has sought for reliefs which are to be provided by the competent authorities under the Co-operative Societies Act.  Instead of approaching the appropriate authority under the said Act, the complainant has brought this complaint for cancellation of the amended by-law, and to cancel the present Board of Directors to forfeit the property which was acquired by Board of Directors unauthorisedly and also to cancel the allotment of site made by the opposite party and to take action against Secretary and other office bearers for their unauthorised activities and to supersede the society.  The reliefs which are sought for by the complainant in this complaint are not within the purview of this Forum.  On the other hand, these reliefs are to be granted by the appropriate authorities under Co-operative Societies Act.  Thereby, the present complaint is not maintainable.  Hence, it is observed that the complainant has approached wrong Forum, as such the  point No.1 is answered in the negative.  
  2.    Point No.2:- In view of the findings recorded on point No.1, the complaint is not maintainable.   Hence, we pass the following order:-

:: O R D E R ::

  1. Complaint is dismissed as not maintainable.
  2. Give the copies of this order to the complainant, as per Rules.

 

 

                 

 
 
[HON'BLE MR. H M Shivakumara Swamy]
PRESIDENT
 
[HON'BLE MS. M V Bharathi]
MEMBER
 
[HON'BLE MR. Devakumar M.C]
MEMBER

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.