BILASPUR DISTRICT TRUCK OPERATORS CO-OPERATIVE TRANSPORT SOCIETY LTD. Vs. DISTRICT CONSUMER REDRESSAL FORUM,BILASPUR

JUDGEMENT

(1.) THIS judgment shall dispose of CMPMO Nos. 341, 367, 368, 369, 370 and 371 of 2012-F, as common questions of facts and law are involved in these petitions. The facts are given from CMPMO No. 341 of 2012-F. -

(2.) IT has been stated that petitioner lis a registered Co-operative Society under the H.P. Co-operative Societies Act, 1968 '(for' short, 1968 Act). Any dispute to get membership in the society or to settle the dispute with respect to membership is strictly governed under the 1968 Act, Rules and Bye- laws. The respondent No. 2 has filed a complaint CC No. 170 of 2010 before respondent No. 1 under section 12 of the Consumer Protection Act, 1986 (for short, 1986 Act), which is pending before respondent No.1. The petitioner has been summoned in the case and has been ordered to file reply to the complaint. The petitioner has filed reply and has taken objections of maintainability. The respondent No. 1 has no jurisdiction to hear and decide the matter. The 1968 Act provides complete mechanism to decide the dispute raised by respondent No. 2. The respondent No. 2 is not a consumer under 1986 Act. The respondent No. 2 himself has stated in the complaint that he is a shareholder in the society.

(3.) THE petitioner will be dragged in unnecessary litigation and has to challenge the order in appeal in case the objection of the petitioner is decided against the petitioner. The present petition has been filed to avoid multiplicity of litigation. The respondent No. 2 cannot be consumer and owner being the member of the petitioner.