Case of the complainant, in short, is that he opened two term deposit accounts with OP no. 1 being Ac No. 509, Certificate No. A002815 for Rs. 10,00,000.00 for a period of 150 days and another A-c being no. 5092, Certificate no. A002900, for a sum of Rs. 2,00,000.00 for 120 days both at the rate of 8.50percent p.a. On maturity, the OP no. 1 has, however, not paid him the maturity value despite repeated requests causing great financial loss to him besides mental pain and agony. It is further stated by the complainant although he informed the matter to other OPs, they too did not take any positive step to redress his grievance. Therefore, finding no other alternative, complainant has moved the instant case praying for relief as per prayer of the complaint.
To support his case, complainant filed photocopies of term deposits, letters sent to OPs, legal notice issued upon the OPs etc.
The OP no. 1 and Op no. 3 had not appeared to contest this case in spite of service of notice upon them. So, the case was heard ex-parte against them.
On notice, OP no. 2 appeared to contest the case by filing wv, wna etc. OP no. 2 vide their wv denied all the material allegations of the complainant and stated that the instant case is barred under several sections of the WBCS Act, 2006 and that the suit is to be filed before the ARCS, Purba Medinipur-II Range at Contai as per sec. 102-1d of the WBCS Act, 2006. It is further alleged by the OP no. 2 that the description of schedule claim money in the plaint-petition is not genuine and that petitioner, to grab society-s fund, created the fictitious claim and with the said contention, the OP no. 2 prayed for dismissal of the instant case.
The added OP no. 4 has also contested this case by filing WV whereby it denied all the allegations made against the OPs by the complainant and the Op no. 4 further stated that the instant case is not maintainable in law.
Points for decision
Whether the instant case is maintainable under the Consumer Protection Act or whether this forum has any jurisdiction to try this case.
Whether there is any deficiency in service on the part of the OPs.
Whether the complainant is entitled to the relief as prayed for.
Decisions with reasons
Point no. 1 along with the application filed on 17-04-2014 filed by the OP no. 2 u-s 102-4 of the W.B.C.S. Act 2006 praying for dismissal of the case is taken up for consideration.
It is submitted by the ld. Lawyer for the complainant that Consumer Forum has got enough jurisdiction to adjudicate disputes involving a co-operative society and its member. In support of his case, ld. Lawyer for the complainant referred to the decision reported in IV -2008- CPJ 500.
Ld. Lawyer for the OP no. 2, on the other hand, vehemently denied that the complainant can be described as a consumer within the ambit of Consumer Protection Act and further argued that as a Member of the OP society, he was at liberty to agitate his case before the ARCS, Purba Medinipur-II Range at Contai. It is also contended by the ld. Lawyer, by drawing our attention to the section 102 of the W.B.C.S. Act 2006 that the said Act very clearly and categorically places a bar on Civil Courts or Consumer Fora to decide or settle disputes between a Member and the Society and any person having transaction with it.
For better understanding of the dispute as to maintainability of the instant case under the C.P. Act, we reproduce the various sections of W.B.C.S. Act, 2006 as well as C.P. Act, 1986.
Section 102 of the W.B.C.S. Act, 2006 states that
102. Disputes to be filed before Registrar 1 Any dispute concerning the management or business or affairs of a Co-operative society other than the dispute relating to election in a Co-operative society as and when such election is conducted by the Co-operative Election Commission and disciplinary action taken by Co-operative society against its paid employees regarding the terms and conditions of the services shall be filed before the Registrar for settlement if it arises
Among members, past members and persons claiming through members and deceased members or then sureties; or
Between member, past member or a person claiming through a member, past member or deceased member representing through heirs or legal representatives and the Co-operative society, its board or any officer or employees of the Co-operative society or liquidator, past or present; or
Between the Co-operative society or its board and any past board any officer, agent or employees or any past officer, past agent, or past employees or the nominee, heirs or legal representatives of any deceased officer or deceased employees of the Co-operative society; or
Between two Co-operative society or between a Co-operative society and a liquidator of another Co-operative or between liquidator of two different Co-operative or between a Co-operative society and any person having transaction with it or between a Co-operative Society and its financing bank.
2 Any dispute mentioned in sub-section -1- other than a dispute relating to recovery of money shall be filed before the Registrar within three months from the date on which the cause of action arises.
3 Notwithstanding anything containing in this section or any other law for the time being in force, the Registrar may admit any dispute after the expiry of the period of limitation provided in sub-section -2-, if the applicant can show sufficient cause for not filing the dispute within such period of limitation and the dispute so admitted shall not be barred by limitation.
4Any Civil Court or any consumers- Dispute Redressal Forum shall not have any jurisdiction to try any dispute as mentioned in sub section 1
5 Any dispute to be filed before the Registrar shall be made in writing to be called the plaint and it shall be filed in such manner and form as may be prescribed.-
On the other hand, Section 2dii- of the Consumer Protection Act, 1986 stipulates that
consumer- means any person who
ii hires or avails of ANY services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who -hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person but does not include a person who avails of such services for any commercial purposes;
Explanation. For the purposes of this clause, -commercial purpose- does not include use by a person of goods bought and used by him and services availed by him exclusively for the purposes of earning his livelihood by means of self-employment;
In terms of section 2miii of the Consumer Protection Act -person- includes a co-operative society.
Section3of the Consumer Protection Act, 1986 stipulates that -Act not in derogation of any other law.The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force.
First of all, it needs to be clarified that the Central Legislature had consciously conferred a jurisdiction upon Consumer Fora which has wide amplitude to mitigate the hardships of all consumers alike cutting across all walks of life. It requires no elaboration that the Consumer Protection Act, 1986 being enacted by the Parliament of India would always prevail over the W.B.C.S. Act, 2006 which is a State Act.
In the decision in IV -2008- CPJ 50 -referred on behalf of the complainant- it has been held by the Hon-ble West Bengal State Consumer Disputes Redressal
