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Secretary, Thirumurugan Co-Operative vs M. Lalitha (Dead) Through Lrs. & Ors on 11 December, 2003

In Secretary, Thirumurugan Co-operative Agricultural Credit Society vs. M. Lalitha & Ors. (supra) case, the respondents being members of the appellant-society, had pledged paddy bags for obtaining loan. The appellant-society had issued notices to the respondents demanding payment of loan amount with interest thereon. The respondents filed petitions in the District Consumer Forum, seeking direction to the appellant to release the paddy bags pledged on receipt of the loan amount or in the alternative to direct the appellant to pay the market values of the paddy bags with interest thereon. The appellant contested the claims of the respondents before the District Forum raising a preliminary objection that Consumer Forum had no jurisdiction to decide the dispute LPA No. 204/2009 Page 9 of 18 between the members and cooperative society in view of Section 90 of the Tamil Nadu Cooperative Societies Act, 1983. One of the issues framed by the District Forum was whether it had jurisdiction to entertain the complaints of this nature? The District Forum decided in favour of the respondents. The appellant took the matter in appeal to the State Consumer Commission. The State Commission allowed the appeal filed by the appellant and dismissed the appeal filed by the respondents. The State Commission held that the complaints filed by the respondents were themselves not maintainable having regard to Section 90 of the Act. The respondents approached the National Consumer Disputes Redressal Commission by way of a revision petition. The National Commission allowed the revision petition and set aside the order of the State Commission. It would be material to reproduce relevant provisions of the Tamilnadu Cooperative Societies Act, 1983, hereinbelow:-
Supreme Court of India Cites 30 - Cited by 561 - S V Patil - Full Document
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