Mr. Justice P.N. Nag, President—This appeal is directed against the order of the District Forum, Solan, dated 21.2.1997, whereby the appellants, namely, the Managing Committee, The Kailash Co-operative House Building Society Ltd. (hereinafter to be referred to as the Society) have been directed to refund to the respondent/ complainant (hereinafter to be referred to as the complainant) Rs. 43,000/- alongwith interest @ 18% per annum from the date of deposit till the date of payment and cost of Rs.1,000/- has also been awarded.

2. Admittedly, the appellants-Society is registered under the Himachal Pradesh. Cooperative Societies Act, 1968. The complainant, admittedly, was enrolled as Member of the Society and was assured for allotment of 100 sq. yards independent house on deposit of certain instalments as per schedule.

3. There is no dispute that a total sum of Rs. 43,000/- has been deposited by the complainant with the Society upto 8th October, 1992 and no house was given to the complainant by the Society. The complainant was, therefore, constrained to file the complaint for refund of the amount alongwith interest. The complainant is said to have withdrawn from the Society on 16.3.1994.

4. The Society has raised various objections to the allegations made by the complainant and one of the preliminary objections raised by the Society is that the complainant being a member of the Society was not competent to maintain the complaint against the Society and the Consumer FORA are barred in entertaining the present complaint. It is not necessary to refer to other objections as, in our opinion, the complaint can be disposed of on the preliminary objection raised by the Society.

5. Section 72 of the Himachal Pradesh Cooperative Societies Act, 1968 provides that any dispute touching the constitution, management or business of a Co-operative Society among the Members or the Members and the Society shall be decided by the Registrar of the Co-operative Societies and no Court shall have the jurisdiction to entertain any suit or other proceedings in respect of such dispute. The District Forum was of the opinion that this section does not bar the complainant to maintain the present complaint, as according to the District Forum, the relief available to a consumer under the Consumer Protection Act, 1986 is an additional remedy besides those which may be available to him under other existing laws. As per Sections of the Consumer Protection Act, 1986, the provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force. The District Forum has relied upon the decision of the Karnataka State Commission in a case titled as The Trinity House Building Co-operative Society Ltd. & Anr. v. Wilson Peters, reported as II (1996) CPJ 452.

6. We have considered the objection of the Society and in our opinion such an objection is well founded. Admittedly, the present dispute touches the management or the business of the Co-operative Society between the Society and its Member and is clearly covered under Section 72 of the Himachal Pradesh Co-operative Societies Act, 1968 and the matter can be decided by the Registrar of the Co-operative Societies. The authority of the Karnataka State Commission has been over-ruled by that very Commission in its decision in a case titled as The Vyalikaval House Building Co-operative Society Ltd. v. Smt. Sharada Venkataramaiah & Ors., reported as 1998 (3) CPR 323 decided on 29.8.1998. The State Commission, Karnataka in this judgment has considered the judgments of other State Commissions and also the scope of Section 3 of the Consumer Protection Act, 1986 and Section 70 of the Karnataka Co-operative Societies Act, 1959 which is pari materia to Section 72 of the Himachal Pradesh Co-operative Societies Act, 1968 and has held that:

“The dispute in the above cases between the complainant and the Society is a dispute which falls under Section 70(1)(b) of the Karnataka Co-o