Karnataka

Kolar

CC/10/2020

C.Manjunath - Complainant(s)

Versus

The President, C.Byregowda Credit Co-Opearative Society Ltd - Opp.Party(s)

Sri.Dayananda

26 Feb 2020

ORDER

26-0

 

ORDER ON MAINTAINABILITY

01.   The complainant has filed this Consumer Complaint against the OPs and prays to direct the OP Nos.1 & 2 to issue share certificate and bond in his favour and to release share amount of Rs.3,00,000/- with interest at the rate of 24% per annum and direct the OP No.3 to return the share certificate and bond to OP Nos.1 & 2 and direct the OPs to pay Rs.10,000/- towards cost of this complaint and grant such other reliefs.

02.   The facts of the complainant case is that, he is one of the member of OP Nos.1 & 2 society vide membership No.2696 dated: 04.05.2016 and share certificate No.2369 dated: 04.05.2016.  The complainant has purchased 300 share worth of Rs.3,00,000/- and the OP Nos.1 & 2 have not issued the share certificate and bond to the complainant till today in spite of repeated visits to OPs and filed this Consumer Complaint against OPs for the above said reliefs after issuing legal notice dated: 16.11.2019.

03.   In this regard, it is relevant to state here that, the complainant is the share holder of OP Nos.1 & 2 and a shareholder of society as well as registered co-operative Society is not a consumer within Section 2(s)(b) of the Act and the Consumer Forum has no jurisdiction to hear the complaint filed by the shareholder of the Co-operative Society as held in B.D.T.O. Co-operative Society V/s. D.C.R. Forum, Bilaspur, reported in AIR 2013 HP 34.  We also relay another citation reported in 1993 (2) CPJ 1068, Andhra Pradesh, between Konapalle Narsimha Vs. The M.D., The clulor Coop. Sugar Factory, wherein his lordship has held that, the dispute between the member and the co-operative society comes is beyond the purview of the provision of Co-operative Society Act.  In that view of the matter the Consumer Forum has no jurisdiction to hear the complaint and the said complaint is not maintainable before this Forum and accordingly we proceed to pass the following:-

ORDER

01.   The complaint filed by the complainant is dismissed as not maintainable.

(Dictated to the Stenographer, transcribed by him, corrected and then pronounced by us on this 26^TH DAY OF FEBRUARY 2020)

 

                                         LADY MEMBER                                   PRESIDENT