West Bengal

Birbhum

MA/37/2023

Gour Mohan Das - Complainant(s)

Versus

Manager,FUC Bank Ltd,Suri Branch - Opp.Party(s)

15 Sep 2023

ORDER

Shri Sudip Majumder- President-in-Charge.

            Today is fixed for passing of order in respect of the petition of the OP dated 18/05/2022 on non-maintainability ground. Both parties files hazira through their respective Ld. Advocates. Already heard Ld. Advocates for the both sides.

            One petition on non-maintainability ground has been filed by the OP. The same has been registered as M.A. Case being No. 37/2023. Record is now taken up for passing of order.

            Perused the petition. Considered. From the content of the petition it appears that the OP intends to state that the complaint made by the complainant has no jurisdiction before this DCDRC in view of Sec. 102 (4) of the West Bengal Co-Operative Societies Act, 2006. In this context the OP side cited two ruling as follows:

1. Prasanta Saha V. Branch Manager, Birbhum District Central Co-operative Bank Ltd. & others Case No. CC/121/2013 judgement dated 30/12/2013.
2. Judgement of Hon’ble SCDRC, WB pass in F.A. No FA/30/2014 disposed on 30/10/2015 and it was held that “Therefore, the present case is excluded from the jurisdiction of the Consumer Fora as envisaged in the provisions of Sub-section (4) of Section 102 of the said Co-Operative Societies Act which runs: (4) Any Civil Court or any Consumer Disputes Redressal Fora shall not have any jurisdiction to try any dispute as mentioned in Sub-section (1).”

On the other hand, Ld. Advocate for the complainant stated in his written objection Para 3 as:

“3. That the instant case is maintainable under the West Bengal Co-Operative Society Act, 2006. That in this context the judgement of Hon’ble State Consumer Disputes Redressal Commission, West Bengal pass in F.A No. A/644/2017 disposed on 01/10/2019 wherein the

Hon’ble State Consumer Disputes Redressal Commission, West Bengal set-aside the judgement of Fora below observing that “A bear reading of the provision of section 102 of Co-Operative Society Act leaves no room for any ambiguity that if any dispute crops up between the Co-Operative Society and its service providers, e.g. Bank, the same need not be referred to the registrar for settlement of the same.

The term ‘person’ as envisaged in the year 2006 Act, does not cover the service provider. Thus, it appears that the instant case was wrongly dismissed by the Ld. District Forum”.

In the instant case, this Commission is of view that it is a dispute relating to recovery of money. It attracts the exception clause “Vide Sub-section (2) and Sub-section (1) of Sec. 102 of the West Bengal Co-Operative Societies Act, 2006.” In analogy thereof we consider that the instant case is maintainable in this Commission.

      However, the petitioner is directed to take step upon ARCS, Birbhum in order to make him a necessary party to this case.

      Thus, the petition on non-maintainability ground being M.A. Case No. 37/2023 is considered and rejected on contest without any cost.

Thus the M.A Case No. 37/2023 is disposed of.

Fix.   11/10/2023 for compliance.

            Copy of this order be supplied to the parties each at free of cost.