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2011 Supreme(Ker) 56

THOTTATHIL B.RADHAKRISHNAN
Enathu Service Co-Operative Bank – Appellant
Versus
Consumer Disputes Redressal Forum – Respondent


Advocates Appeared:For the Petitioner:V. Sethunath, Advocate. For the Respondents:V. Philip Mathew, Advocate.

Judgment :-

"CR"

1. The second respondent is a member of the writ petitioner; a co-operative society registered under the provisions of the Kerala Co-operative Societies Act, 1969, hereinafter the "KCS Act". He had entered into a transaction with the petitioner society by joining a particular scheme. On the allegation that there was deficiency of service on the part of the society in relation to the said transaction, the second respondent filed a complaint before the Consumer Disputes Redressal Forum, for short, the "CDRF", which is governed by the provisions of the Consumer Protection Act, 1986, hereinafter, the "CP Act". The society took the plea that those proceedings are barred in view of section 69 of the KCS Act and having regard to the exclusion of other remedies by the provisions of that Act, the only remedy available to the second respondent was to have recourse to the provisions of that Act, since admittedly, he is a member of the writ petitioner society; and not to make a complaint before the CDRF. Pursuant to directions issued by this Court, the CDRF heard that issue and held as per the impugned Ext. P4 order, that the rights of the second respondent as a consumer could










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