ORDER ON ADMISSION

1.       This complaint has filed by Janavaahini Shikshana Samsthe, Mysuru represented by its President and Mysore College of Engineering and Management by its President Sri Shivappa to direct the opposite party Karnataka Bank Limited Siddarthanagar Branch, Mysuru to oblige the decision taken in the Board Meeting by way of resolution with respect to operation of accounts of trust and college to check necessary punitive action on banker, who is colluded with illegal unethical capacity in rendering service, to pay a damages of Rs.18,00,000/- towards deficiency in service rendered by the opposite party to the complainants and Rs.1,00,000/- with compensation.
2.       The complainant No.1 is trust which is formed with the aim and objects to establish educational institutions, college etc.,  The complainant No.1 has established complainant No.2 to fulfill the aim and objects of the trust.  The complainants have maintained current account of the trust and complainant No.2 in the opposite party bank.  In terms of the deed of trust, the President or Secretary with treasurer are jointly eligible to operate the bank account and to sign the cheques.  It is the case of complainants that the Secretary of trust Mr.Krishna Kishore.M.B. has resigned to the post of Secretary on 21.02.2018.  Even after resignation, the said Secretary has only operated the bank account without the signature of treasurer.  Further, the opposite party is not permitting to operate the account of the trust and college on the letter given by the then Secretary.  Hence, this complaint.
3.      We have heard the learned counsel for the complainants on the point of admission. 
4.      The complaint is not maintainable before this Forum since the complainant No.1 is trust.  The Hon’ble Supreme Court in case of Prathibha Prathistana and others Vs Manager, Canara Bank and others 2017 (2) CPR page 5 – wherein under Section 2(c)(d) and (m) of C.P.Act, 1986 held that the trust is not a person and cannot be a consumer.  The Apex Court after discussing the definition of complainant, consumer and person came to conclusion that trust is not a consumer as such complaint is not maintainable before the Consumer Forum.  On this ground only, complaint fails.
5.        The complainants are seeking prayer in the nature of mandatory injunction to direct the opposite party to oblige the decision taken in the board meeting by way of resolution with respect to operation of account of trust and college and take necessary punitive action against the opposite party.  Under the provisions of C.P.Act if there is any act or omission in deficiency of service or in defects in goods, then only complaints are maintainable.  The Forum has no power to pass mandatory injunction etc.,  Therefore on the above two grounds, the complaint is not maintainable before this Forum.  Hence, we proceed to pass the following; 

:: ORDER ::

1. The complaint filed by Janavaahini Shikshana Samsthe, Mysuru and another is dismissed as not maintainable.
2. Furnish the copy of order to the complainants at free of cost.