29.08.2016

MR. UTPAL KUMAR BHATTACHARYA, HON’BLE MEMBER.

            Instant Revision Petition under section 17 [(1)](a)(ii) of the C P Act,1986 has been filed by the Revision Petitioner/OP challenging the order No. 10 dated 31/12/2015 passed by the Ld. District Forum, North 24 Paraganas in complaint case No. 351/15. The Ld. District Forum, in the said order, rejected on contest a petition challenging maintainability of the complaint.

          The complaint relates to a dispute regarding installation of a lift at the building of Urmi-mukhar Housing Co-operative society Ltd., the Respondent/Complainant being represented by the Secretary of the said Co-operative Society, by the Revisionist/OP which is an elevator company under the name and style M/S Adams Lift & Escalator Pvt. Ltd.

         The Revisionist/OP had submitted before the Ld. District Forum a petition challenging the maintainability of the complaint case on the ground that the Ld. District forum did not have any jurisdiction to adjudicate on the matter as the subject issue is beyond the jurisdiction of the Consumer Fora under section 102(4) of the West Bengal Cooperative societies Act, 2006 which envisages that no Civil Court or Consumer Disputes Redressal Forum shall have any jurisdiction to try the disputes mentioned in sub-section (1) of section 102 of the said Act which covers the kinds of dispute relating to the instant issue.

         Heard Ld. Advocate appearing on behalf of the Revisionist/OP who submitted on the same points which were elaborated in the petition filed before the Ld. District Forum and prayed for dismissal of the complaint on the ground of non-maintainability of the same as the point of issue to be decided falls within the disputes mentioned under sub-section (1) of section 102 of the West Bengal Co-operative Societies Act, 2006, rendering the District Forum lacking in jurisdiction to adjudicate on the instant complaint in terms of Section 102(4) of the said Act.

        There was none to represent the Respondent/Complainant.

        Perused the papers on record. Section 102 (1) of the West Bengal Co-operative Societies Act, 2006 reads “Any dispute concerning the management or business or affairs of a co-operative society other than the dispute relating to election in a co-operative society as and when such election is conducted by the co-operative election commission and disciplinary action taken by co-operative society against its paid employees regarding the terms and conditions of the service shall be filed before the Registrar.”It further appears on perusal of section 102(1)(d) of the said Act that the dispute between “ co-operative society and any person having transaction with it” is also covered among the disputes to be settled by the Registrar.

        We have gone through section 102(4) of the West Bengal Cooperative Societies Act, 2006 which reads “Any civil court or any Consumers’ Dispute Redressal Forum shall not have any jurisdiction to try any dispute as mentioned in sub-section 1.”The Consumer Disputes Redressal Forum, therefore, has been expressly barred from trying the dispute.

        In View of above, we are of the considered view that the complaint is not maintainable.

        Hence, ordered that the Revision Petition is allowed. The impugned order of the Ld. District Forum is set aside and consequently the complaint is also dismissed. No order as to costs.