State Consumer Disputes Redressal Commission
Sri Asit Baran Saha vs M/S. Metropolitan Co-Operative ... on 16 October, 2015
Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL COMMISSION WEST BENGAL 11A, Mirza Ghalib Street, Kolkata - 700087 Complaint Case No. CC/153/2015 1. Sri Asit Baran Saha S/o Late Ajit Kumar Saha, 95, CIT Road Scheme 6M, Kolkata- 700 054, P.S. Phulbagan, West Bengal. 2. Smt. Mina Rani Saha W/o Late Ajit Kumar Saha, 95, CIT Road Scheme 6M, Kolkata- 700 054, P.S. Phulbagan, West Bengal. 3. Smt. Gita Rani Saha D/o Late Ajit Kumar Saha, 95, CIT Road Scheme 6M, Kolkata- 700 054, P.S. Phulbagan, West Bengal. 4. Smt. Amita Rani Saha D/o Late Ajit Kumar Saha, 95, CIT Road Scheme 6M, Kolkata- 700 054, P.S. Phulbagan, West Bengal. ...........Complainant(s) Versus 1. M/s. Metropolitan Co-operative Housing Society Ltd. Represented by its Secretary, Plot no. CZ-38, Sector- B, Canal South Road, P.S. - Pragati Maidan, Kolkata - 700 105. ............Opp.Party(s) BEFORE: HON'BLE MR. JUSTICE KALIDAS MUKHERJEE PRESIDENT HON'BLE MR. TARAPADA GANGOPADHYAY MEMBER HON'BLE MR. UTPAL KUMAR BHATTACHARYA MEMBER For the Complainant: Mr. Chiranjib Bhattacharyya Mr. Bappadytta Mali, Advocate For the Opp. Party: Mr. Debaprasad Samanta, Mr. Indranil Nandi, Advocate ORDER
16/10/15 HON'BLE JUSTICE MR. KALIDAS MUKHERJEE, PRESIDENT This order relates to hearing on the petition for condonation of delay.
It has been stated in the application under 24A of the C. P. Act, 1986 that Late Ajit Kumar Saha, the predecessor-in-interest of the Complainants was allotted a plot of land by the OP being plot no.6 of Sector 'C', Canal South Road, Chingrighata, Kolkata-700 105 measuring 4 cottahs of land on 08/05/1982 subject to certain conditions which the predecessor-in-interest of the Complainants duly complied with and also paid all the monthly subscriptions to the OP. He died on 04/09/91 intestate leaving behind the present Complainants as the only legal heirs. About 16 years after his death the OP by letter dated 21/10/08 addressed to the predecessor-in-interest of the Complainants intimated that they decided to cancel his membership and refund the share capital held by him and forwarded a cheque no.238373 dated 20/10/08 for Rs.3,652/-. The Complainant No.1 by several letters requested the OP not to cancel the membership of Late Ajit Kumar Saha, but to no effect. The Complainants have been staying in USA and they used to visit India once a year or once after many years. There has been no willful laches on the part of the Complainants.
The Learned Counsel for the Complainants has submitted that Late Ajit Kumar Saha was the predecessor-in-interest of the Complainants. It is contended that the Complainants came to know that the delivery of the plot of land was not made in favour of their predecessor and OP was requested several times not to cancel the allotment. It is submitted that as the Complainants have been staying in USA the delay occurred in filing the complaint and there is no willful laches on the part of the Complainants.
The Learned Counsel for the OP has submitted that W.V. has been filed. It is contended that the Co-operative Housing Society cancelled the membership of Late Ajit Kumar Saha. It is submitted that the complaint is not maintainable under section 145(2) and 102 of the West Bengal Co-operative Societies Act, 2006.
We have heard the submission made by both sides. It appears from annexure 'A' to the petition of complaint, that is, a letter dated May 8, 1982 issued by M/s Metropolitan Co-operative Housing Society Ltd. addressed to Sri Ajit Kumar Saha that allotment of plot no.6 of Sector 'C' measuring more or less 4 cottahs of land was allotted subject to fulfilment of the conditions laid down therein. It was further mentioned therein that in case of the failure to comply with the conditions it would lead to cancellation of the allotment and cessation of his membership of the Society. By letter dated 21/10/08 issued by M/s Metropolitan Co-operative Housing Society Ltd. the membership of the predecessor-in-interest of the Complainants was cancelled and a cheque for Rs.3,652/- towards the refund of the share capital was sent to him. Thereafter the Complainants wrote letters dated 08/11/08, 19/11/09, 14/07/11 requesting the OP not to cancel the membership of their predecessor and further requested the OP to grant the membership in favour of the Complainants being the legal heirs of Late Ajit Kumar Saha.
It is, therefore, clear that due to non-fulfilment of the conditions laid down in the letter of allotment dated 08/05/1982 the membership of Late Ajit Kumar Saha was cancelled on 21/10/08. The complaint was filed on 04/05/15, that is, beyond the period of limitation. It is well settled that by issuing letters the period of limitation cannot be extended.
Moreover, the predecessor-in-interest of the Complainants was a member of the M/s Metropolitan Co-operative Housing Society Ltd. and u/s 102(1)(4) of the West Bengal Co-operative Societies Act, 2006 a dispute among members, past members and persons claiming through members and deceased members cannot be entertained by any Civil Court or any Consumer Dispute Redressal Forum. The complaint as to such dispute is to be filed before the Registrar of Co-operative Societies. The petition of complaint is, therefore, not maintainable in law.
Having heard the Learned Counsel for the parties and on perusal of the papers on record, we are of the considered view that the delay in filing the complaint has not been sufficiently explained.
The petition of complaint is dismissed. [HON'BLE MR. JUSTICE KALIDAS MUKHERJEE] PRESIDENT [HON'BLE MR. TARAPADA GANGOPADHYAY] MEMBER [HON'BLE MR. UTPAL KUMAR BHATTACHARYA] MEMBER