O R D E R
Sri. P. Satheesh Chandran Nair (President):
The complainant filed this petition u/s.12 of the C.P. Act for getting relief.
2. The case of the complainant is for allowing reliefs against the opposite parties as follows: (a) To right off all the loan arrears of the complainant’s husband and release all arrears of the complainant’s husband’s loan transaction with opposite parties. (b) A compensation of Rs.10,000/- has to be realized from the opposite parties and for some other reliefs. The complainant filed this petition before this Forum and the Forum issued notice to the opposite parties and all the opposite parties are entered appearance and filed separate versions. 1st and 2nd opposite party filed a joint version and 3rd and 4th opposite party filed a statement before the Forum.
3. When the case posted for raising issues the counsel for 1st and 2nd opposite party submitted that the maintainability question has to be heard prayer to raise other issues. We heard both the counsel appearing for the complainant as well as the opposite parties in detail. According to the 1st and 2nd opposite party the suit is bar before this Forum as per Sec. 69 of Kerala Co-operative Societies Act. We would like to quot Sec.69 Kerala Co-operative Societies Act, “Disputes to be decided by C-operative Arbitration Court and Register – (1) Notwithstanding anything contained in any law for the time being in force, if a dispute arises,
(a) among members, past members and persons claiming through members, past members and deceased members; or
(b) between a member, past member or person claiming through a member, a past member or deceased member and the society, its committee or any officer, agent or employees of the society; or
(c) between the society or its committee and any past committee, any officer, agent or employee or any past officer, past agent or past employee or the nominee, heirs or legal representatives of any deceased officer, deceased agent or deceased employee of the society; or
(d) between the society and any other society; or
(e) between a society and the members of a society affiliated to it; or
(f) between the society and a person, other than a member of the society, who has been granted a loan by the society or with whom the society has or had business transactions or any person claiming through such a person; or
(g) between the society and a surety of a member, past member, deceased member or employee or a person, other than a member, who has been granted a loan by the society, whether such a surety is or is not a member of the society; or
(h) between the society and a creditor of the society; such dispute shall be referred to the Co-operative Arbitration Court constituted under Sec.70 A, in a case of non-monetary disputes and to the Registrar, in the case of monetary disputes and the Arbitration Court, or the Registrar, as the case may be, shall decide such dispute and no other court or other authority shall have jurisdiction to entertain any suit or other proceedings in respect of such dispute”.
4. As per the above section it is clear that this is a dispute between a deceased member and society which is clearly comes u/s. 69. All that disputes shall be decided by Co-operative Arbitration Court constituted u/s.70(a) of Kerala Co-operative Societies Act. Therefore, it is clear that this dispute can be entertained by the Forums or Courts as stated above. In Revision Petition No.4871/12 of our Hon’ble National Consumer Disputes Redressal Commissioin, the Hon’ble National Commission specifically ordered that, ‘dispute of this nature is not a consumer dispute under the C.P. Act and the right Forum was to have once remedy under the Co-operative Societies Act”. As per this order Hon’ble N.C.D.R.C dismissed a Revision Petition of a member of Farmers Service Co-operative Bank (Anjana Abraham Vs. Koothattukulam Co-operative Bank). On the other hand, the counsel appearing for the petitioner submitted a decision reported in KLT as 2011(1)KLT 573. The dictum of this decision is “on remedies provided under C.P. Act are not in derogation provided under other laws and supplements and not supplants jurisdiction of courts or other statutory authorities”. Though this decision is in favour of the complainant to proceed with this case but the decision cited by the Hob’ble National Commission is passed after this decision so that we are binding to rely the latest decision. Apart from the decision cited above, the opposite parties filed an order from the Kerala Co-operative Ombudsman, Thiruvananthapuram dated 27th day of 2015 in COM No.285/2014 for perusal. As per this order of the Kerala Co-operative Ombudsman the total liability to close the loan account is fixed as Rs.43,340/- and moreover both the parties (including complainant herein) agreed for the said amount and the case disposed accordingly. When the complainant filed this petition before the Forum the complainant suppressed this material fact before this Forum. The basic principle of law is that a complainant has to come before a court of law with clean hands. Here the bonafide of the complainant is also doubtful.
5. In the result, we pass the following orders:
It is found that this Forum has no jurisdiction to proceed with this case. Hence it is dismissed. No order of cost.
Declared in the Open Forum on this the 30th day of June, 2015.
(Sd/-)
P. Satheesh Chandran Nair,
(President)
Smt. K.P. Padmasree (Member – I) : (Sd/-)
Smt. Sheela Jacob (Member – II) : (Sd/-)
Appendix – Nil.
(By Order)
(Sd/-)
Senior Superintendent.
Copy to:- (1) Mariamma Chacko, Kannangattil Bethel Veedu,
Cheenkalthadom.P.O., Malayalapuzha,
Pathanamthitta.
- The Secretary, Pathanamthitta Primary Co-operative
Agricultural Rural Development Bank Ltd.,
No.Q 390, Pathanamthitta.
- The President, -do. –do.
(4) Joint Registrar, Dist. Co-operative Societies (General),
Mini Civil Station, Pathanamthitta.
(5) Asst. Registrar, (Kozhencherry Taluk),
Dist. Co-operative Societies (General),
Mini Civil Station, Pathanamthitta.
(6) The Stock File.
