Punjab

Faridkot

CC/07/86

Sikander singh son of Piara singh - Complainant(s)

Versus

Paramjit singh,secretary, - Opp.Party(s)

S.P.Goyal

05 Jul 2007

ORDER


DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
Judicial Court Complex
Execution Application(EA) No. CC/07/86

Sikander singh son of Piara singh
...........Appellant(s)

Vs.

Paramjit singh,secretary,
The Matta cooperative agriculture society
...........Respondent(s)


BEFORE:
1. DHARAM SINGH 2. HARMESH LAL MITTAL 3. SMT. D K KHOSA

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM Execution Application(EA) CC/07/86 Of 2007 Sikander singh son of Piara singh Complainant Versus Paramjit singh,secretary, Respondent For Complainant S.P.Goyal For Respondent Complaint be registered. This complaint of Sikander Singh Member of The Matta Cooperative Agriculture Service Society Ltd., Matta against Paramjit Singh Secretary of the society and against The Matta Cooperative Agriculture Service Societies Ltd. Matta Tehsil Jaitu District Faridkot with regard to non payment of the amount of Rs.4,000/- against a cheque dated 4/6/2007 owned by the Sikander Singh complainant. The society is stated to have adjusted amount of Rs.4,000/- in the account of the father of the complainant. This order is alleged to be illegal. The complainant in this regard has alleged that there is deficiency in services to be provided by the opposite parties to the complainant. 2. We have heard with regard to admission of the complaint. The complaint admittedly is in between the member and the Cooperative society of which he is member. The dispute is with regard to payment or non payment of Rs.4,000/- by the opposite parties to the complainant and adjustment thereof of the amount in the account of the father of the complainant which touches business of the society. Such like dispute as per Section 55 of the Punjab Cooperative Societies Act, 1961 is to be referred to The Registrar for decision through Arbitration. As per this section no Court shall have jurisdiction to entertain any suit or other proceedings in respect of such a dispute. 3. Even otherwise as per Section 82 of Punjab Cooperative Societies Act, the jurisdiction of the Courts is barred with regard to dispute required under Section 55 to be referred to The Registrar. 4. In such like circumstances reference made by the learned counsel for the complainant to Section 71 and 72 is of no avail to the complainant. These Sections relate to offences and penalties. Such like of fences and penalties are to be decided by the Judicial Magistrate Ist Class only after previous sanction of the Registrar. 5. The complainant also have not placed on the file any document. Though he may place Pass Book on the file still in view of the above noted facts and circumstances the complaint is not liable to be admitted for hearing. So complaint is rejected. However the complainant may proceed in accordance with law if so chosen, advised or required. No order as to costs. File be consigned to the record room.




......................DHARAM SINGH
......................HARMESH LAL MITTAL
......................SMT. D K KHOSA