ORDER

Date: 12.04.2024

Per: Hon’ble Mr. Justice Sanjay Kumar, President

1.                      Present Revision petition has been filed on behalf of petitioners/opposite parties for setting aside the order dated 25.07.2022 passed by District Consumer Forum, Samastipur passed in Complaint Case no.143/2022 whereby and where under the District Consumer Forum has admitted the complaint case and issued notices to petitioners/opposite parties for then appearance and to file W.S.

2.                      Briefly stated the facts of the case is that complainant had filed a complaint case stating therein that complainant had deposited Rs.50,000/-  to the Manager PACS, Barbatta as fixed deposit amount for 3 years and date of maturity was 19.09.2019 and maturity amount was Rs.63500/-  but same was not paid although complainant approached opposite parties for its payment several times.

3.                  District Consumer Forum, Samastipur by impugned order admitted the case and issued notices to petitioners/opposite parties for their appearance, aggrieved by which present petition has been filed.  

4.                 It is submitted on behalf of petitioners that District Consumer Forum has no jurisdiction to admit or entertain complaint cases against Managing Committee of Cooperative Society where complainant himself is member of Cooperative Society and any member aggrieved by mismanagement of affairs of Cooperative Society has to approach the authorities constituted under the Cooperative Society Act and as such jurisdiction of District Consumer Forum is barred.

5.                Heard counsel for the parties.  

6.           It is well settled proposition of law that remedies under consumer protection Act are in addition to remedies available under the special statutes. Remedies under the Consumer Protection Act is in addition to and not in derogation of any other law, which provides and additional alternative remedy to the Consumers.

7.                     The submission of petitioners that Consumer Fora cannot entertain dispute pertaining to a member of the cooperative society has been settled by the Hon’ble Apex Court in the judgment delivered in Secretary Thirumurugan Cooperative Society v. Lalitha (dead) through L.Rs & others, (2004) CPJ 1 (SC), wherein it has been held that Section 3 of the Consumer Protection Act is clear and unambiguous and shall be in addition to and not in derogation of the provisions of any law for the time being force. The Apex Court has further observed that:

“Merely because the rights and liabilities are created between the members and the management of the society under the Act and forums are provided, it

 cannot take away or exclude the jurisdiction conferred on the Forums under the 1986 Act expressly and intentionally to serve a definite cause in terms of the objects and reasons of the Act, reference to which is already made above.”

8.       The National Commission in case of Kalawati and others Vs. Unitedvaish Co-operative Thrift & Credit Society Ltd. 2002 (1) CPJ 71 (NC) has held that a member of Cooperative Society can file a Consumer Complaint case against Managing Committee and there is relation of Consumer and Service Provider between the parties. It has been further held that when there is fault on the part of society which is not paying the amount on fixed Deposit there is deficiency in service by the society and a complaint lies against Society by the Member as a complainant. Relevant portion of paragraph No.7 & 8 reads as follows:-  

We are also not in agreement with the view of the State Commission that a member cannot be a consumer vis-vis the society of which he is a member. As a member he has certain rights in the society like attending its meeting and right to vote. A member is a separate entity from the Co-operative Society which is just like a shareholder as in the Company registered under the Companies Act,1986. Here is the society of which the complainants are members which invites deposits and pays interest and is to refund the amount with interest on maturity. Society provides facilities in connection with financing and is certainly rendering services to its members and here is a member who avails of such services. When there is a fault on the part of the society and itself is not paying the amount on fixed deposit receipts on maturity, there is certainly deficiency in service by the society and complaint lies against society by the member as complainant.

   9.     In said view of the matter the complaint case filed before the District Consumer Forum, Samastipur is maintainable and same has been rightly admitted by the District Consumer Forum.

10.      There is no merit in this revision petition and is accordingly dismissed. However, it is made clear that this commission has not expressed any opinion on the merits of the case or liability of opposite parties with respect to claim made by complainant and same is to be decided by the District Consumer Forum on its own merit.  

 11.          A copy of this order be supplied to both the parties free of cost as mandated by the C.P. Act, 2019. The order be uploaded forthwith on the confonet of the State Commission.

 12.         Let the file be consigned in the record room along with copy of this order.      

Member (M)                                                  Member (M)                                                                President                                                           

Mukund