Karnataka

Dharwad

CC/5/2017

The Chairman, Ambika Co Op Society Ltd, - Complainant(s)

Versus

The Chief Executive Officer,Hubli Urban Co Op Bank, - Opp.Party(s)

25 Jan 2017

ORDER

BEFORE THE DISTRICT CONSUMER
DISPUTES REDRESSAL FORUM, DHARWAD.
 
Complaint Case No. CC/5/2017
 
1. The Chairman, Ambika Co Op Society Ltd,
Unakal, Hubli,
Dharwad
Karnataka
...........Complainant(s)
Versus
1. The Chief Executive Officer,Hubli Urban Co Op Bank,
Lamington road, Hubli,
Dharwad
Karnataka
2. The Director of Co op Audit,
Shankarmath Road, Basavanagudi,
Bengaluru
Karnataka
3. The Deputy Director of Co Op Audit,
Near Haliyal Naka,
Dharwad
Karnataka
4. The Assistant Director of Co Op Audit,
Near Haliyal Naka,
Dharwad
Karnataka
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MRS. JUSTICE SMT.SAMIUNNISA.C.H , IN CHARGE PRESIDENT
 HON'BLE MR. SHRI.BASAVARAJ S.KERI, IN CHARGE MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 25 Jan 2017
Final Order / Judgement

 

               The above complaint is placed for hearing on 11/1/2017 complainant present personally before the forum. While complainant submit his points on admission forum rises a question about the jurisdiction.  Complainant prays to clarify the matter on 22/1/2017.  But on this day also complainant remained absent.  And again posted to this day for hearing (8/2/2017). Again the complainant remained absent.  Forum decided to take the compliant for consideration.  On scrutiny of fact as per the complaint and the documents it is clear as crystal that complainant is a society and Ops are also a Co-operative banks registered under Society Act.

We rely upon the citation cited below. The Hon’ble National Commission Held in

II (2015) CPJ 207(NP)

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI

Hon’ble Mr. Justice K.S.Chaudhari, Presiding member

K.D. KOTHIYAL                                                                               -Appellant

Versus

PHOOLA KAUL (MRS.) & ORS.                                                  -Respondents

 

Consumer Protection Act, 1986-Section 21(a)(ii)-UP Co-Operative Societies Act,1965-Sections 111,70-Jurisdiciton –Allotment of flat- Dispute between two members of society- Section 111 of UP Co-Operative Societies Act,1965 bars jurisdiction of Civil or Revenue Court in respect of any dispute falling under Sec.70 of this Act- State Commission was not proper Forum to deciding complaint  in summary nature- complaint dismissed.”

 

 Since both the parties are come under Society’s Act they have approach the matter before a proper authority. Hence the complaint is dismissed. 

 
 
[HON'BLE MRS. JUSTICE SMT.SAMIUNNISA.C.H , IN CHARGE]
PRESIDENT
 
[HON'BLE MR. SHRI.BASAVARAJ S.KERI, IN CHARGE]
MEMBER

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