ANJANA MOHAN Vs. RAJARSHI SAHKARI AWAS SAMITI LIMITED

JUDGEMENT

(1.) This is an appeal against the order and judgment dated 7.8.1995 passed by District Forum, Lucknow. The facts of the case stated in brief are that the complainant on 8.6.1993 gave in favour of opposite party, Rajarshi Sahkari Awas Samiti Limited, a membership firm for purchase of plot No. A/25 measuring 4,500 sq. ft. at the rate of Rs.60/- per sq. ft. Part payment of Rs.27,110/- was made on the same day to opposite party, Rajarshi Sahkari Awas Samiti Limited but the Samiti did not give the plot as promised. After great pressure the opposite party gave a cheque for Rs.27,000/- but it was dishonoured and the complainant therefore, filed a claim petition for refund of Rs.27,000/- which was deposited by her for purchase of the plot.

(2.) The claim was registered by the opposite party Rajarshi Sahkari Awas Samiti. It admitted' that the complainant is a member of the Society and as such is not entitled to file this complaint before this Forum and under the provisions of the Cooperative Society Act, and this claim cannot be tried by this Forum.

(3.) After perusing the evidence on record and hearing the Counsels, the learned District Forum came to the conclusion that the claim is not triable in the District Forum and it should be tried before any other Authority. With this finding, the claim petition was dismissed.