West Bengal

Bankura

CC/71/2023

Smt. Sadhana Sarkar - Complainant(s)

Versus

The Manager, Bankura Town Co-operative Bank Ltd - Opp.Party(s)

Sudipta Chatterjee

31 Jul 2023

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

Consumer Complaint No. 71/2023

Date of Filing: 24.07.2023

Before:                                        

1. Samiran Dutta                              Ld. President.      

2. Rina Mukherjee                          Ld. Member. 

3. Siddhartha Sankar Bhui            Ld. Member.

For the Complainant:  Ld. Advocate Chandi Charan Advaryyu

For the O.P. : None

Complainant  

Smt. Sadhana Sarkar, W/o Ashim Sarkar, R/o Uttar Pratap Bagan, Lane-4, PO + PS + Dist.BankuraDistrict- Bankura, PIN- 722 101, Mob: 7908829223

Opposite Party  

The Manager, Bankura Town Co-operative Bank Ltd., 43 Netaji Subhas Road, Bankura

FINAL ORDER / JUDGEMENT

Order No.02

Dated:31-07-2023

The Complainant files hazira through advocate.

The case is fixed for Admission Hearing.              

Perused the petition of complaint supported by affidavit and the documents filed therewith.

Heard the Ld. Advocate for the Complainant.

Though the case is admissible from the point of territorial and pecuniary jurisdiction and also within the period of limitation but the Complainant has no prima facie case to proceed against O.P. / Bankura Town Co-operative Bank Limited which is a Co-operative Society regulated and governed by West Bengal Co-operative Societies’ Act, 2006.

The Complainant has sought for a relief from the O.P. for a direction to make a Deed of  Re-conveyance of Mortgage Property in her favour on the ground stated in the petition of complaint. Whatever relief the Complainant is entitled to in the present case arises by and between the Complainant in one hand and the O.P. on the other hand and in view of Section-102 (1) (d) of West Bengal Co-Operative Societies’ Act 2006 this Commission has no jurisdiction to entertain for adjudication of any dispute arising out of the management or business or affairs of a Co-Operative Society by and between the Society and any person having transaction with it. Section 145 (2) of the said Act also ousts expressly the jurisdiction of this Commission in regard to anything done or any action taken or any order passed under this Act. The competent Authority for adjudication / settlement of all such dispute is the concerned Registrar appointed under the said Act.                                             

The Complainant is given liberty to move before the appropriate Authority for redressal of her grievance and obtaining appropriate relief.

Hence it is ordered……..

That the instant case is dismissed on maintainability point for the reasons stated above.

Both parties be supplied copy of this order free of cost.

 

 ____________________                _________________          _________________

HON’BLE   PRESIDENT          HON’BLE MEMBER        HON’BLE MEMBER