UMA MUKHERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) A fundamental error leading to an irregularity has been committed by the West Bengal Co-operative Tribunal in affirming an apparently perverse and improper order passed by the Arbitrator in favour of the fifth respondent herein.

(2.) By the said agreement the deceased father is stated to have agreed to sell a flat unit in the said co-operative society to the fifth respondent for consideration money of Rs.6,50,000. The fifth respondent is stated to have paid only Rs.1,50,000 in three instalments under the said agreement. The society is stated to have approved the said agreement and had directed registration. The writ petitioner being the daughter and legal heir of the deceased has refused to comply with the agreement alleging breach and failure to perform.

(3.) Initially, the fifth respondent approached the Consumer Forum under provisions of the Consumer Protection Act, 1986. The said proceedings were dismissed as not maintainable, in view of the provisions and remedies available under the West Bengal Co-operative Societies Act, 2006.