State Consumer Disputes Redressal Commission
General Manager, Mugberia Central ... vs Sri Naba Kumar Nanda on 12 July, 2016
Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL COMMISSION WEST BENGAL 11A, Mirza Ghalib Street, Kolkata - 700087 First Appeal No. A/1210/2014 (Arisen out of Order Dated 29/08/2014 in Case No. Complaint Case No. CC/12/2014 of District Purba Midnapur) 1. General Manager, Mugberia Central Co-operative Bank Ltd. P.O. & P.S. - Bhupatinagar, Dist. - Purba Medinipur - 721 425. ...........Appellant(s) Versus 1. Sri Naba Kumar Nanda S/o Late Sushil Kumar Nanda, Vill. - Purba Teghari, P.O. - Dakshin Dauki, P.S. - Contai, Dist. - Purba Medinipur - 721 464. 2. Baroj Samabay Krishi Unnayan Samiti Ltd. Kayemgeria, P.S. - Bhupatinagar, Dist. - Purba Medinipur - 721 424. 3. Sasanka Sekhar Parua, Manager/Highest Executive, Baroj S.K.U.S. Ltd. Baroj, Kayemgeria, P.S. - Bhupatinagar, Dist. - Purba Medinipur - 721 414. 4. Assistant Registrar of Co-operative Societies Purba Medinipur Range-II, P.O. & P.S. - Contai, Dist. - Purba Medinipur - 721 401. ...........Respondent(s) BEFORE: HON'BLE MR. SAMARESH PRASAD CHOWDHURY PRESIDING MEMBER HON'BLE MRS. MRIDULA ROY MEMBER For the Appellant: Mr. Sumit Sen , Advocate For the Respondent: none appears ORDER Date of filing - 21.10.2014 Date of Hearing - 30.06.2016 Date of Judgement - 12.07.2016. PER HON'BLE SAMARESH PRASAD CHOWDHURY, PRESIDING MEMBER JUDGEMENT
Challenge in this appeal u/s 15 of the Consumer Protection Act, 1986 (hereinafter referred to as 'the Act') is to the judgement and final order dated 29.08.2014 passed by the Ld. District Consumer Disputes Redressal Forum, Purba Medinipur at Tamluk (for short, Ld. District Forum) in consumer complaint no. 12/2014 whereby the consumer complaint initiated by the Respondent no.1 u/s 12 of the Act was allowed on contest against OP nos. 2 & 4 and ex-parte against OP no.1 and dismissed against Op no.3 with a direction upon OP nos. 1, 2 & 4 jointly and severally to refund maturity value of two term deposits with interest @ 8.5% p.a., compensation of Rs 30,000/-.
The Respondent no.1 herein being Complainant lodged the complaint alleging that he opened two term deposits account of Rs.10,00,000/- on 05.02.2013 being A/C No.509 @8.5% p.a. for 150 days and Rs.2,00,000/- on 04.06.2013 being A/C No. 5092 for 120 days at the same rate of interest. However, after maturity, the amounts were not refunded and in this regard all the requests and reminders went in vain.
The Appellant being OP no.2 by filing a written version disputed the allegations contending inter alia that the complaint is not maintainable in view of the provision of Section 102(4) of West Bengal Co-operative Societies Act, 2006.
The Respondent no.2 being OP no.4 by filing a separate written version has reiterated the same stand taken by the OP no.2.
After assessing the materials on record including the evidence led by the parties, the Ld. District Forum by the impugned judgement allowed the Consumer Complaint with certain directions upon the Appellant, Respondent no.2 and Respondent no.4 as indicated above. Being aggrieved by the said order, the OP no.2 has come up before this Commission with the present appeal.
During hearing of the appeal, only Appellant has appeared through their Ld. Advocate and no other party participated in the hearing. Under compulsion, finding no other alternative, this Commission proceeded to dispose of the appeal on the basis of submission advanced by Mr. Sumit Sen, Ld. Advocate appearing for the Appellant and on the basis of materials available in the record.
Having heard the Ld. Advocate for the Appellant and on going through the materials on record, it would reveal that Respondent no.1 Shri Naba Kumar Nanda opened two term deposit account, Viz.- (1) Rs.10,00,000/- on 05.02.2013 being A/C no. 509 and Certificate no.A002815 @ 8.5% p.a. for 150 days and (2) Rs.2,00,000/- on 04.06.2013 being A/C no.5092 and Certificate no. A002900 @ 8.5% p.a. for 120 days from the Manager, Baroj Samabay Krishi Unnayan Samity Ltd. However, after maturity, the Respondent no.1 did not get the maturity value of the said two term deposit accounts after expiring on 04.07.2013 and 03.09.2013 respectively. Needless to say, when the Respondent no.1 opened term deposits with the said Unnayan Samity Ltd., the Respondent no.1 must be categorised as 'Consumer' within the meaning of Section 2(1)(d) of the Act and as there was deficiency in services on the part of Respondent nos. 2 & 3, they cannot absolve their responsibility on any ground whatsoever.
Ld. Advocate for the Appellant has submitted that the Ld. District Forum has passed the order in utter disregard to the provisions of Section 102(4) of the West Bengal Co-operative Societies' Act, 2006 which has taken away the jurisdiction of the Consumer Forum. In this regard, the Ld. District Forum has observed - " It is also to be noted that Section 102(2) states that any dispute mentioned in Sub-Section (1) other than a dispute relating to recovery of money shall be filed before the Registrar within three months from the date of which the cause of action arises. In other words, in terms of this Section of the WBCS Act dispute relating to recover of money should not be filed before the Registrar. Therefore, we do not see any irregularity in filing the instant case by the Complainant before us given the fact that the dispute relates to recovery of money over non-payment of maturity proceeds by the OPs".
In AIR 1969 SC 1320 (Decan Marchants Co.Op Bank Ltd. - Vs. Dali Chand) it has been held by the Hon'ble Apex Court that the dispute covers only those disputes which are capable of being resolved by the Registrar or his nominees. In other words, the provision of Section 102(4) of WBCS Act, 2006 can only be applicable in case of any dispute concerning the management or business or affairs of a Co-operative Society. The Respondent herein has opened two term deposits with the society and inspite of maturity, the society is not returning him back the maturity value of those two term deposits. In such a situation, Registrar of Co-operative Society cannot resolve the dispute as it relates to a dispute regarding of recovery of money.
Ld. Advocate for the Appellant has also placed reliance to a decision reported in II (2015) CPJ 207 (NC) (K.D. Kothiayal - Vs. - Phoola Kaul Ors.). In Paragraph - 10 of the said decision, it has been held that Section 111 of UP Co-operative Societies' Act, 1965 bars jurisdiction of Civil or Revenue Court in respect of any dispute calling u/s 17 of the said Act. U/s70(a) of the said Act dispute between members is required to be referred to the Registrar. This decision has no manner of application in our case. In our case, it is quite apparent that Respondent no.1 was subjected to deficiency of services by Respondent nos. 2 & 3. However, there was no occasion to entangle the Appellant i.e. General Manager, Mugberia Central Co-operative Bank Ltd. simply on the reason that it was a mother bank to Respondent no.2. The Respondent no.1 did not open any account with the Appellant Bank and as such the relation between Respondent no.1 and the Appellant as Consumer-Service Provider does not exists.
In that perspective, we modify the order to the extent that the complaint shall be dismissed only against Appellant i.e. OP no.2. The other part of the order passed by the Ld. District Forum is maintained.
With the above observations, the appeal stands disposed of without any order as to costs.
The Registrar of this Commission is directed to send a copy of this order to Ld. District Consumer Disputes Redressal Forum, Purba Medinipur at Tamluk for information. [HON'BLE MR. SAMARESH PRASAD CHOWDHURY] PRESIDING MEMBER [HON'BLE MRS. MRIDULA ROY] MEMBER