Judgment :

The appellants were enrolled as members of respondent No.1-Alaknanda Cooperative Group Housing Society Limited. They applied for 'A' type flats, which were being constructed by respondent No. 1. They are said to have deposited the installments of price between 10.12.1995 and 15.12.2003. The details of the amounts deposited by the appellants are as under:

1. Virender Jain Rs.1,96,000/-

2. Sudesh Kumar Jain Rs.1,96,100/-

3. Pankaj Jain Rs.2,96,110/-

4. Nitin Jain Rs.1,96,100/-

5. Sudershan Kumar Jain Rs.2,96,100/-

By letters dated 9.2.2004, respondent No. 1 returned the amount deposited b the appellants and indirectly terminated their membership on the ground that they had failed to deposit the instalments of first and second stage of construction as also the instalment of the cost of land allotted by HUDA. For the sake of reference, the letter sent by respondent No.1 to appellant -Virender Jain is reproduced below:

"THE ALAKNANDA COOP. GROUP HOUSEING SOCIETY GURGAON

PLOT NO. GH-45, SECTOR-56,

GURGAON-122002

Ref no.7115 Regd. Date: 9.02.04

Mr. Virender Jain

Sub : Refund of payment due to persistent default

The following payments had been demanded by the Society from time to time

(a) 1st construction inst. due on 15.07.03 Rs.1,00,000/-

(b) 2nd construction inst due on 15.07.03 Rs.1,00,000/-

(c) Inst. of HUDA land cost due on 15.10.03 Rs.42,000/-

But, the above mentioned payments have not yet been received from you by the society inspite of reminders issued from time to time as indicated in our last office Letter no. 6878 -97 dt. 28.12.2003. Further, no communication/representation has been received from you.

The matter was brought to the notice of the managing Committee. The managing Committee, in its meeting held on 11.01.04 has taken a very serious view of your non-compliance and non-response and resumed that you are not interested in the housing project of the Society.

In view of the above, your contribution alongwith share money, as per details given below is sent herewith vide Ch.331971 dated 01.02.04 for Rs.1,82,350/-

(a) Share money 1,00/-

(b) Contribution 1,95,900/-

1,96,000/-

Less installment on dues of Rs.84,000 of HUDA Land cost installment @ 15 % p.a. from January' 03 to January' 04 (3months0 (-) 13,650.00 1,82,350/-"

The appellants challenged the aforesaid action of respondent No.1 by filing complaints under Section 12 of the Consumer Protection Act, 1986 (for short, 'the Act') and prayed that respondent No. 1 may be directed to restore their membership and issue necessary share certificates after receiving the balance cost. They further prayed for award of damages to the tune of Rs.50,000/- in each case.

On notice, respondent No.1 filed applications under Section 13 of the Act and challenged the jurisdiction of District Consumer Dispute Redressal Forum, Gurgaon (for short, 'the District Forum') to entertain the complaints. Respondent No. 1 claimed that the complaints were not maintainable because the appellants do not fall within the definition of 'consumer'. Respondent No.1 also pleaded that the Haryana Cooperative Societies Act, 1984 (hereinafter referred to as, 'the Cooperative Societies Act') is a special statute vis-a-vis the Act and the only remedy available to the appellants in the matter of termination of their membership and/or refund of the entire amount deposited by them was to file a petition under the Cooperative Societies Act.

By separate orders dated 16.6.2006, the District Forum overruled the objections raised by respondent No.1. The relevant portion of the order passed in the case of Virender Jain is extracted below:

"The remedy provided under the act is an additional remedy it is not in derogation to remedy provided under the other Acts. It is the choice of the complainant either to avail the remedy under the Consumer Protection Act or nay other applicable. In coming to our above conclusion we are guided by the AIR 2004 Supreme Court 448 "Secretary, Thirum