State Consumer Disputes Redressal Commission
The Jadavpur Co-Operative Land And ... vs Ranjit Kumar Mitra on 21 March, 2013
State Consumer Disputes Redressal Commission State Consumer Disputes Redressal Commission West Bengal BHABANI BHAVAN (GROUND FLOOR) 31, BELVEDERE ROAD, ALIPORE KOLKATA 700 027 SC.CASE NO. : FA/241/12 (Arisen out of Order Dated 17/04/2012 in Case No. 139/2010 of District Consumer Disputes Redressal Forum South 24 Parganas, Alipore ) DATE OF FILING : 16.05.12 DATE OF FINAL ORDER: 21.03.13 APPELLANTS : 1. The Jadavpur Co-operative Land and Housing Society Limited of 6/85, Bijoygarh, Kolkata-92, P.S.- Jadavpur, District- 24 Parganas( South). 2. . Mr. Tarun Kumar Mukherjee, President of The Jadavpur Co-operative Land And Housing Society Limited of 6/85, Bijoygarh, Kolkata-92, P.S. Jadavopur, District- 24 Parganas(South), Residing at Purbachal, Cluster-XIII, Flat No. H/8, Kolkata-91. 3. Mr. Sanjoy Nandi, Secretary of the Jadavpur Co-operative land And Housing Society Limited of 6/85, Bijoygarh, Kolkata-92, P.S. Jadavopur, District- 24 Parganas (South) and residing At 16 D, West Kodalia (Baishali), New Barrackpur, Kolkata- 700 131. RESPONDENT : 1. Ranjit Kumar Mitra, S/O Late Tara Kanta Mitra Of 92A, Regent Estate, Kolkata-92, P.S. Jadavpur. BEFORE : MEMBER : MR. D.BHATTACHARYA MEMBER : MR. J.BAG FOR THE PETITIONER/APPELLANT: Ms. Mahua Saha., Ld. Advocate. FOR THE RESPONDENT / O.P.S.: Mr. P.K. Bhattacharjee, Ld. Advocate. : O R D E R :
Mr. J.Bag, Ld. Member The present appeal is directed against the Order dated 17.04.12 passed by Ld. District Consumer Disputes Redressal Forum, South 24 Parganas in C.C. Case No. 139 of 2010 whereby the Ld. Forum allowed the complaint on contest against O.Ps with cost of Rs.500/- in favour of the Complainant with the direction upon O.Ps to execute and register the Sale Deed in respect of the plot of land in question in favour of the Complainant with further direction to pay compensation of Rs.10,000/- to the Complainant.
The Complaint case, in brief, was as follows:
The Complainant /Respondent became a member of the Jadavpur Co-operative Land and Housing Society Ltd. and paid a sum of Rs.23,105/- for having a plot of land from the O.Ps, but in spite of repeated request the possession of the land was not delivered and execution and registration of the Deed of Conveyance has not been done. The Complainant/Respondent being aggrieved by the attitude of the O.P./Appellants as regards non-delivery of the plot of land allotted in his favour, being Plot No. 125, Phase II of the said society, measuring about 56 ft. 3 inches by 32 ft, preferred a petition of complaint on the ground of deficiency in service u/s 2(g) of the Consumer Protection Act 1986 before the Ld. Forum below with the prayer for direction upon the O.Ps to deliver the possession of the allotted plot and also for execution and registration of the Deed of Conveyance, together with payment of compensation of Rs.50,000/- among other reliefs .
The complaint was contested by filing written version wherein all material allegations were denied contending inter alia, the Forum below did not have jurisdiction to entertain the complaint. Accordingly OPs prayed for dismissal of the complaint.
Ld. Forum below after having perused evidence filed on affidavit, questionnaire and replies filed by both parties, relied upon the case law reported in 2010 (3) CPR 172 NC and the judgment of Honble National Consumer Disputes Redressal Commission in keeping with the decision reported in (2004) 1 SCC 305 RP No. 823-826 of 2001 which referred to the observation of the Honble Supreme Court that Consumer Forum has ample jurisdiction to entertain such type of cases. In their decision the Ld. Forum below allowed the complaint with such directions as already noted.
Being aggrieved by and dissatisfied with the order of the Ld. Forum below the Appellant/O.P has come up before this Commission with the present appeal which contends inter alia that the District Consumer Disputes Redressal Forum wrongly held that they have ample jurisdiction to entertain such type of case, that they have not taken into consideration the scope and effect of provision of section 145 (1) and 2 of the West Bengal Co-operative Societies Act 2006 being the special statute by which the jurisdiction of the Ld. Forum in regard to anything done or purported to be done by a board of directors or anything done or any action taken or any order passed under the said Act or relating to any dispute between a cooperative society or its board and its members has been taken away ,and that viewed in the context of the provisions of the W.B. Co-operative Societies Act there is a clear bar against the Ld. Forum to adjudicate such dispute. The Appellant accordingly, prayed for dismissal the order of the Ld Forum below We have gone through the appeal together with the order of the Ld. Forum below dated 17.08.12 and the petition of complaint. BNAs filed by the Appellant and Respondent have been perused.
Ld. Advocate appearing for the Appellant submitted that admittedly the Respondent is a member of the Jadavpur Co-operative Land and Housing Society and that he has been allotted a plot of land being scheme plot No. 125 in Phase II in the development scheme of the society but the Complainant refused to pay development charge of Rs.4,000/- maintenance charge of Rs.2,760/- , electricity charge of Rs.1,000/-, that is, total Rs.7,760/- .Further the Complainant refused to pay the requisite sum for registration, presentation of deed of conveyance and stamp duty payable for the purpose of registration. There was no intention on their part to transfer the scheme plot allotted to the Complainant to other and no evidence could be shown by the Complainant to that effect. He argued that the dispute having cropped up between the Complainant as a member of the Co-operative society, the Consumer Forum is barred by specific provisions of the West Bengal Co-operative Societies Act to adjudicate the matter.
Ld. Advocate appearing for the Respondents stated that the Consumer Disputes Redressal Forums have ample scope of adjudication of consumer related disputes as held by the Honble National Consumer Disputes Redressal Commission as reported in 2010 (3) 172 (NC) . Further he cited this Commissions decisions in appeal case FA/08/279and FA/08/279 showing that the jurisdiction of Consumer Forum in such cases has been accepted. It was also pointed out by him that in the AGM of the Co-operative Society on 30.08.2009 registration of the plot as allotted to the Respondent was taken up for decision and again in avoidance of their own decision they are sitting on the registration of the plot which is a clear negligence and deficiency in service .
Case laws submitted on behalf of the Respondent are as follows;
2010 (3 )CPR 172 (NC)- Revision Petition No. 1511 of 2006 , Revision Petition No. 1726 of 2009 and Revision Petition No. 454 of 2011-all decided by Honble National Consumer Disputes Redressal Commission.
Upon perusal of the judgments as cited above, it appears that in respect of the Revision Petition No. 1511 of 2006 which was decided on 05.08.2010 Honble National Consumer Disputes Redressal Commission referred to Section 24(A) of Bihar Co-operative Societies Act 1935 and the Revision Petition No. 1726 of 2009 arose from the order dated 27. 01 .2009 in Appeal No. A-2007 / 1235 of 2000 of the State Consumer Disputes Redressal Commission, Delhi and Revision Petition No. 454 of 2011 arose from the order dated 19. 01. 11 in FA 3909 /2010 of the State Consumer Disputes Redressal Commission, Karnataka. The provisions of the West Bengal Co-operative Societies Ac, however, put a clear bar to adjudication by Consumer Forums in the matter of any disputes arising interalia between a Cooperative Society and its members and such provisions have never been challenged as in the cases of provisions of the Bihar State Cooperative Societies Act and those the Tamilnadu State Cooperative Societies Act . In terms of Section 145 (1) (2) of the West Bengal Co-operative Societies Act 2006 read with section 102, if any dispute concerning the business or affairs of a Co-operative Society arises between the Co-operative Society and its members no Consumer Disputes Redressal Forum shall have jurisdiction in regard to anything done or any action taken or any order passed under the said Co-operative Act. In the present case the Respondent /Complainant is a member of Jadavpur Co-operative Land and Housing Societies Ltd and the dispute over the issues relating to allotment of land , delivery of possession of the plot of land and registration of the said plot of land has arisen. According to the provisions of Section 102 of the West Bengal Co-operative Societies Act the matter should have been filed before the Registrar of Co-operative Societies for settlement. There being clear bar of the said act in regard to dealing with such matters by the Consumer Disputes Redressal Forum we do not agree with the District Forum holding that they have the jurisdiction in adjudicating such matters. We are of the considered view that the appeal has merit and succeeds in the context of what has been discussed. Hence, Ordered that the appeal be and the same is allowed on contest , there shall be no order as to costs.
MR. J.BAG MR. D.BHATTACHARYA MEMBER MEMBER