Hon’ble President  :    Shri B.D. Nanda.

Hon’ble Member    :    Smt. Jhumki Saha.

Hon’ble Membe r   :    Shri A.K. Pathak.

Petitioner -    Sri Samar Nandi.  

O.Ps.         -    The Chairman,

                      Santragachi Co operative Bank Ltd.,

                        Kona Road, Sastitala ( Ramrajatala ),

                        Santragachi, Howrah,

                        PIN 711104.                       

Order No. 7                                                                                     Date : 06.08.2015.

          This is an application U/S 12 of the  C.P. Act, 1986 filed by the petitioner, Samar Nandy, against the  Chairman, Santragachi Co operative Bank Ltd., praying for an order directing the o.p. to deliver the original gift deed in the name of the petitioner as well as compensation and litigation costs.

          Appearing in the case the o.p. bank filed a petition challenging the maintainability of the case before this Forum stating that the petitioner being a member of the o.p. bank availed of loan facility offered by the bank and the dispute between the petitioner and the o.p. requires to be adjudicated by the registrar of the co operative society and the jurisdiction of the civil court is bar U/S 102 of the West Bengal Society Act, 2006.

          The petitioner filed a written objection against the non maintainability petition and submitted that  it is not true that the disputes between co operative society and its members require to be adjudicated by the registrar of co operative society and the jurisdiction of civil forum is barred. But now the petitioner is not a member of the bank as he repaid the loan and the o.p. issued the release certificate. So not being  a member of the o.p.,  the dispute cannot be referred to the registrar of the co operative society.

          The preliminary issue here whether the case is maintainable in its present form ?  

This Forum heard the ld. counsels for the parties on the point of maintainability of the case before this Forum and keeping in mind the provision of law as laid down in the West Bengal Co operative Act, 2006 and also keeping in mind the jurisdiction of this Forum to entertain the matters as laid down U/S 3 of the C. P. Act, 1986, finds that U/S 102 of the West Bengal Co operative Society Act is laid down that any dispute concerning the management or business or affair of a co operative society shall be filed before the Registrar for settlement if it arises among the members, past members etc. or between the member, past member etc. or between the co operative society and any board and officer etc. or between two co operative societies etc. Under Clause 4 of the said Section is laid down that the Civil Court or the Consumer Dispute Redressal Forum shall not have jurisdiction to try any such above mentioned dispute. In view of the above even though  the petitioner is not a member at present when the case was filed by him yet being a past member of the co operative society he ought to have filed the case before the registrar of the co operative society for getting back his registered gift deed and this Forum being  Civil  in nature cannot entertain such a dispute as filed before this Forum.    

In view of above discussion and findings this Forum finds  that the case is not maintainable before this Forum and the petitioner ought to have approached before the proper Forum for redressal  of his grievance.

Hence,

                              ORDERED

That the C.C. no. 39  of 2015 be and the same is dismissed on contest as not maintainable.

Supply the copy of this order, as per rule.