SRI BIJAYA KUMAR DAS,PRESIDENT:-
Deficiency in service in respect of non-sanction of agricultural loan and non-release of Registered charged documents are the allegations arrayed against the Opp.Party.
2. Complaint, in brief reveals that complainant is a bonafide member of the OP-Cooperative Society and an agriculturist by profession. In the year 2014 complainant applied before OP-Society for an agricultural loan of Rs.60,000/. On the assurance of OP-Society, complainant deposited all the relevant documents and execute a charge U/S 34(2) of Odisha Co-operative Society Act,1962, bearing Regd. No. 14096000058 dtd. 13.10.2014 in respect of the schedule of properties mentioned in the complaint. But till date the OP-Society is neither releasing the loan amount nor cancelling the Registered documents which was executed by the complainant in favour of the OP-Society. It is alleged that by such inaction of the OP-Society complainant is sustaining financial loss and mental agony. The cause of action of the instant case arose on dtd.05.09.2017 when the OP-Society refused to comply the grievance of the complainant. Hence, it is prayed that, a direction may be given to OP-Society to cancel the registered documents No. 14096000058 and to pay a compensation of Rs.4,05,000/- which includes financial loss with accrued interest, cost of mental agony and cost of litigation.
3. Though OP-Cooperative Society appeared into the dispute through Ld. Counsel, but did not prefer to file any written statement during the statutory period, hence OP-Society set ex-parte U/S-13(2)(b)(ii) of C.P.Act,1986.
4. Heard the ex-parte submissions advanced by Ld. Counsel for complainant. Non- appears on behalf of OP-Society. Complainant to substantiate his case filed Xerox copy of certificate of registration receipt U/S-60 endorsed by Registering Officer, Marsaghai,Kendrapara which includes details of the properties charged in favour of the OP-Society. The complaint and submissions reveals that, the grievance of the complainant relates to a dispute between Member and administrative business of OP-Co-Operative Society. It is also not defined on the complaint that How the complainant can be treated as a‘Consumer’ as per Section-2(d)(ii) of C.P.Act,1986 ? As no plea of payment of any ‘consideration’ is made by the complainant to the Service provider (Op- Society). In the second aspect as per the complaint the charge of the properties was registered in favour of OP-Society to avail the loan in the year 2014 and the present complaint is filed in the year 2017. As per Section-24-A two years time limit is provided on from the date of cause of action has arisen and the present complaint does not fulfill the limitation period for filing a consumer complaint, and the plea of complainant regarding last cause of action of the present dispute on dtd.05.09.2017 is not substantiated by any documentary evidence and convincing. Further, as per the settled principle of law ‘sanction of loan’ is the prerogative of the financing agency like OP-Society. Forums can not interfere in the matter relating to finance of a loan. The most important factor of the dispute is the allegations of the complainant is governed by a separate act, i.e. The Orissa Co-Operative Societies Act,1962. There are remedies available in the said Act to redress the grievance of the complaint U/S-3 of C.P.Act,1986 is an addition to and not in derogation of the provisions of any other law, but in the present case complainant does not come under the purview of Sec.2(d)(ii) of the C.P.Act,1986 and the complaint is barred U/S-24-A of C.P.,1986. Another aspect to be discussed here that, whether in the absence of OP or in case of ex-parte the complaint/allegation to be take into granted by the Forum. In this regard, we are of the opinion that the present dispute raises position of law. In absence of OP, Forum cannot shut the eyes where the basic questions of law regarding maintainability of complaint is involved.
However, complainant is at liberty to take appropriate steps under the Orissa Co-Operative Societies Act,1962 and any other legal recourses available to him for redressal of his grievances.
Accordingly, the complaint is disposed of on ex-parte without any cost.
Pronounced in the open Court, this the 13th July,2018.
I,agree.
Sd/- Sd/-
MEMBER PRESIDENT
