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TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION
N. Kannadasan, President and Pon Gunasekaran, Member
K. DINAKARAN - Appellant
Versus
THENDRAL NAGAR CO-OP. BUILDING SOCIETY LTD. AND ANR. - Respondents
First Appeal No. 175 of 2006
Decided on : 12-12-2008
Mr. R. Dhanalakshmi, Advocate, for the Appellant; Mr. Poovarasalingam, Advocate, for the Respondent
Consumer Fora have jurisdiction to entertain complaints against Co-operative Societies.
Headnote:
Consumer Fora - Jurisdiction of Consumer Fora over Co-operative Societies Act - The Consumer Fora have jurisdiction to entertain complaints against Co-operative Societies.
Fact of the Case:
The District Forum dismissed the complaint on the ground that the Consumer Fora do not have jurisdiction over matters covered under the Co-operative Societies Act.
Finding of the Court:
The Commission set aside the District Forum's order, stating that the Consumer Fora have jurisdiction to entertain complaints against Co-operative Societies.
Issues: Jurisdiction of Consumer Fora over matters covered under the Co-operative Societies Act.
Ratio Decidendi: The Consumer Fora have jurisdiction to entertain complaints against Co-operative Societies, as established by the Commission's view.
Final Decision: The order of the District Forum was set aside, and the matter was remitted back to the District Forum for fresh disposal, with a direction to dispose of the complaint within a period of four weeks. The appeal was allowed with no cost.
ORDER
N. Kannadasan, President (Open Court) - The appellant is the complainant and the respondents are the opposite parties before the District Forum.
2. The District Forum has dismissed the complaint on the short ground that the Consumer Fora do not have jurisdiction in respect of the matters covered under the Co-operative Societies Act. This Commission has already taken a view that the Consumer Fora have got jurisdiction to entertain the complaints even as against the Societies.
3. Hence the order of the District Forum is set aside and the matter is remitted back to the District Forum for fresh disposal. The complainant shall file a memo on 19.1.2009 before the District Forum by enclosing the copy of the order passed by this Commission. Thereafter, the District Forum shall dispose of the complaint within a period of four weeks.
4. Accordingly the appeal is allowed. No cost.
