SUBRATA ROY Vs. TAPAN KUMAR BHATTACHARJEE

JUDGEMENT

(1.) This revision application is directed against order dated 17.8.1998 passed by the Forum rejecting the application filed by the opposite party challenging the maintainability of the case.

(2.) The facts of the case may briefly be stated as follows : the complainant Tapan Kr. Bhattacharjee, a Member of Swapnalaya Co-operative Housing Society Ltd. for (for short Society) approached the Forum praying for a direction upon the opposite party who is the Secretary of the said Society inter alia for issuing share certificate and for supply of Bye-laws of the Co-operative Society and a certified copy of Mortgage Deed etc. etc. In this case, opposite party upon entering appearance raised objection about maintainability of the case on the ground that in view of provisions contained in Sec.95 of the Co-operative Societies Act, 1983 the present dispute is a civil dispute which is required to be referred to the Registrar of the Co-operative Society and as such no proceeding under the Consumer Protection Act can be entertained. It has been further contended that in terms of provisions of Sub-section 2 (b) of Sec.134 of the said Act, the jurisdiction of all Civil Courts and Revenue Courts has been ousted in relation to matters covered by the meaning of 'dispute' as defined in Sub-section 20 of Sec.2 of the said Act. It is also urged that the provisions of the said Act have an over-riding effect over anything to the contrary contained in any other law for the time being in force by virtue of the provisions contained in Sec.143 of the said Act. It was, further, urged that in view of the aforesaid provisions of the Act and the Rules framed thereunder, the Registrar of Co-operative Societies has exclusive jurisdiction to adjudicate the present dispute.

(3.) The complainant has filed a written objection containing inter alia that Sec.3 of the Consumer Protection Act is not in derogation of the Co-operative Societies Act, 1983 . According to the complainant Sec.95 of the Co-operative Societies Act, 1983 deals with the affairs of the Co-operative Housing Societies whereas the Consumer Protection Act deals with the goods and services and as such the Consumer Forum has jurisdiction to entertain and determine the dispute of the present nature.