SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2009 Supreme(Cal) 275

JYOTIRMAY BHATTACHARYA
Manager Contai Cooperative Bank Ltd – Appellant
Versus
Gouri Mandal – Respondent


Advocates appeared:
A.K. Roy, Jayanta Das, S. Bhuiya,

JUDGMENT

1. THE propriety of an order dated 12th November, 2008 passed by the District Consumer Redressal Forum, Paschim Midnapore in complaint case No. 58 of 2008 is under challenge in this application under Article 227 of the Constitution of India at the instance of the petitioner.

2. THE petitioner contended that the complaint raised by complainant/ opposite party is not entertainable by the District Consumer Disputes redressal Forum under the provision of Consumer Protection Act, 1986. The petitioner contended that the dispute between the parties can only be resolved by way of arbitration as per Section 95 of the West bengal Co-operative Societies Act.

3. ON perusal of the impugned order, this Court finds that the District consumer Disputes Redressal Forum held that the said complaint is entertainable by the Forum as per provision of Section 2 of the Consumer protection Act, 1986 as amended from time to time.

4. THE petitioner is aggrieved against such findings of the Forum as the petitioner is still of the view that the said complaint is not entertainable by the Forum under the provision of Consumer Protection Act as the complainant is not a consumer as per Section 2 (d) of th







Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top