My deposit is in cooperative credit society. since one year I am requesting for refund of my money. Finally I filed case in consumer court for refund. Respondent society's advocate filed objection as bellow 1. That the complainant is the member of the society and the respondent society is not a banking institution and not deal with the public, All the business activities are among the members of the society. To avail the benefits as per the bye law of the society every member invest the funds in shares and deposits of the fund in FD Account. That the complainant is not a customer but is the owner of the society as per shares and that the power of the society vest with the members of the general body. 2.That the respondent due to untold hardship of covid 19 and lockdown whole business was stopped and collection of loans from loaners put into untold hardship. 3.That the jurisdiction point is with the Registrar of Co-Op Society as per 70 of section K.C.S. act and Section 118 of KCS act.and bars the jurisdiction. 4. That the constitution 97th amendment Act 2011 insertion of new article 43 B in para IV of the constitution. That the amendment of Article 19(1)(C) of the constitution and the also insertion of Article 243 ZH to 243 ZT in part IX of the constitution which clearly gives the personal powers to the society voluntary organisation autonomous function democratic control and professional management of the society. 5. Hence Kindly guide in this regard so that i can put forth my evidence correctly... Arun warad
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Merely because society is unable to recover loans does not entitle society to hold on to deposits from members
2) merely because registrar has jurisdiction to hear grievances does not debar members from approaching consumer forum as it is an additional remedy available
Objections by respondent are not tenable. Section 70 and Section 118 of the Karnataka Cooperative Societies Act, 1959 are amended to exclude the jurisdiction of Civil, Labour, Revenue Courts and Industrial Tribunal in the disputes touching the management or the business of the Co-operative Society. District Consumer Commission under new Consumer Protection Act, 2019 is not a Court. The complaint does not relate to management or conduct of business of Society. You are seeking refund of you deposit which you are entitle to withdraw anytime. Objections taken will be dismissed by the District Consumer Commission.
Article 43B casts duty on st of promote voluntary formation, autonomous functioning, etc. of cooperative societies. Articles 243ZH to 243 ZT have no relevance for consumer dispute.
You can file a money recovery suit before a civil court to recover your money.
But you have to file it within three years of your claim made before consumer forum and should not wait for the disposal of the case pending before consumer forum.
Your case is maintainable in consumer court. Consumer matters have jurisdiction in addition to the available remedy
