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2009 Supreme(SC) 1875

D.K.JAIN, B.SUDERSHAN REDDY
M. D. , Orissa Coop. Housing Corpn. Ltd. – Appellant
Versus
K. S. Sudarshan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Ajit Pudussery, Adv. Mr. Janaranjan Das, Adv. Mr. Swetaketu Mishra, Adv. Mr. P.P. Nayak, Adv.
For the Respondent: Mr. Chander Shekhar Ashri, Adv.(NP) Mr. Suresh Chandra Tripathy, Adv. (NP)

ORDER :

1. This appeal, by special leave, is directed against order dated 16th March, 2002, passed by the National Consumer Disputes Redressal Commission, New Delhi (hereinafter referred to as the 'National Commission') in Revision Petition No.1468 of 2001. By the impugned order the Commission has affirmed the order passed by the State Consumer Disputes Redressal Commission Orissa, awarding interest to the complainant at the rate of 12% per annum from 26th October, 1995 to 6th April, 1999 on account of failure on the part of the appellant to develop the land and deliver possession of the plot to the complainant-respondent.

2. Despite service, no one appears for the respondent. Accordingly, we have heard learned counsel for the appellant.

3. At the outset, it is fairly pointed out by learned counsel for the appellant that the question of jurisdiction of the Consumer Fora to entertain and try complaints under the Consumer Protection Act, 1986 (for short the ’Act’) when there is a Bar under the Co-operative Societies Act to the jurisdiction of the Civil Courts to entertain any dispute between the Co-operative Society and its members, is no more res-integra. In Secretary, Thirumurugan Coo

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