ABHAY Vs. SHRIKANT

JUDGEMENT

(1.) This writ petition challenges the order dated 25th of February 2009 passed by the District Consumer Dis putes Redressal Forum, Jalgaon, (hereinaf-ter referred to as the 'District Consumer Fo- rum') holding that the respondent No. 1 is the consumer in view of provisions of sec- tion 2(1) of the Consumer Protection Act, 1986 and there is deficiency in rendering service by the petitioner No. 10 Kala Hanuman Urban Credit Society, of which the petitioner Nos. 1 to 9 are the directors. The District Consumer Forum has directed re- turn of the amount kept by the respondent No. 1 Consumer in fixed deposit with re- spondent No. 10, along with interest and compensation.

(2.) Notice in this matter was issued on 15th of September 2009 and the order passed by the Consumer Forum was stayed. In response to the notice, Shri. Shaikh Nasir, the learned Counsel appears for respondent No. 1 Consumer. Though the respondent Nos. 2 ' to 6 were served, no one appears for them. They are the former directors of the petitioner No. 10 Society. In view of this, it is not nec essary for this Court to issue fresh notices to respondent Nos. 2 to 6 and the petitioners have made it clear in this petition that no grievance is made against those respondents.

(3.) The question involved in this case is, whether the jurisdiction of District Consumer Forum, constituted under the Consumer Protection Act, 1986, is expressly barred under the provisions of section 91(3) of the Maharashtra Co-operative Societies Act, 1960, in respect of dispute as contemplated by sub-section (1) of section 91 of the said Act.