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

Secretary, Varadoor Co-operative Urban Society Ltd. - Appellant
Versus
Secretary, Varadoor Milk Supply Co-operative Society Ltd. - Respondent
Decided On : 10/19/1995
Appeal No. 727 of 95
Advocates Appeared :
S. Reghukumar,Rema Srikant

Headnote:Consumer Protection Act, 1986 Sections 2 & 14 - Matter falling within the purview of Section 69 of Kerala Co-operative Societies Act - Complaint under Consumer Protection Act is maintainable - Order of Dist. Forum allowing complaint is liable to be set aside.

       (Para 2)

       Result: Appeal allowed.

       IMPORTANT POINT

       In respect of matters falling within the purview of Section 69 of the Kerala Co-operative Societies Act no complaint under Consumer Protection Act is maintainable.

ORDER

P.K. Shamsuddin, President - 'This appeal is directed against the order passed by the District Forum, Wayanad, Kalpetta, in O.P.

No. 911/94. Opposite parties are the appellants.

2. The main contention taken in the appeal is that this being a matter which would fall within the purview of Section 69 of the Kerala Co-operative Societies Acts no complaint is maintainable. We have held that in respect of matters falling within the purview of Sections 69 of the Kerala Co-operative Societies Act no complaint under the Consumer Protection Act is maintainable. We are fortified in our view in the decisions reported in 1993(1) CPJ 681, 1995(1) CPR 2412, and 1994(2) CPR 5453. In the circumstances we have no other alternative but to set aside the order passed by the District Forum. We therefore allow the appeal, set aside the order of the District Forum and dismiss the complaint. However this win not preclude the complainant from seeking any other remedy under Section 69 of the kerala co-operative Societies Act.

Appeal allowed.

**************




Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
Judicial Analysis

SupremeToday

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 Back to top