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Checking relevance for Central Bureau of Investigation State of Madhya Pradesh VS P. G. Jain...
Central Bureau of Investigation State of Madhya Pradesh VS P. G. Jain - 2016 0 Supreme(SC) 1078 : A member of a multi-state cooperative society is not a consumer under the law, as per Section 25(2) of the Multi-State Cooperative Societies Act, 2002, which explicitly states that individual persons are not eligible to become members of a national cooperative society. Since the National Cooperative Consumers Federation of India Limited is a multi-state cooperative society treated as a ''''national cooperative society'''' under Section 3(r) of the Cooperative Societies Act, 2002, and individual persons cannot be members of such a society, it follows that individuals cannot be members of such a society and therefore cannot be classified as consumers in this context. The judgment confirms that the NCCF is a national cooperative society under the Act, and the membership criteria exclude individual persons, thereby negating the possibility of an individual being a member and thus a consumer in relation to such a society.Checking relevance for Super Bazar Karamchari Dalit Sangh VS Union of India...
Checking relevance for Naresh Shankar Srivastava VS State of U. P. ...
Checking relevance for Apex Co-operative Bank of Urban Bank of Maharashtra and Goa LTD. VS Maharashtra State Co-operative Bank LTD. ...
Apex Co-operative Bank of Urban Bank of Maharashtra and Goa LTD. VS Maharashtra State Co-operative Bank LTD. - 2003 8 Supreme 400 : A member of a multi-state cooperative society is not automatically a consumer under the law. The legal documents clarify that the term ''''co-operative bank'''' for the purpose of obtaining a banking license from the Reserve Bank of India (RBI) is strictly defined under the Banking Regulation Act, 1949, and includes only a state co-operative bank, a central co-operative bank, or a primary co-operative bank. A multi-state cooperative society, even if registered under the Multi-State Cooperative Societies Act, 1984, does not qualify as a ''''co-operative bank'''' under this definition unless it is specifically declared as a state co-operative bank by the State Government. Since such a declaration requires the society to have already been carrying on the business of financing other co-operative societies in that state, and since the society must be registered under a state law (not the Multi-State Act), the status of a member of such a society as a ''''consumer'''' is not directly established by the documents. The documents do not define or confirm the consumer status of members of multi-state cooperative societies, but they do establish that such societies are not automatically entitled to banking licenses or treated as co-operative banks, which implies that their members are not automatically consumers in the context of banking services regulated by the RBI. Therefore, the documents do not affirm that a member of a multi-state cooperative society is a consumer, but they do provide the legal framework that excludes such societies from being treated as co-operative banks, which is a key factor in determining consumer status in banking contexts.Checking relevance for Kerala State Co-Operative Agricultural and Rural Development Bank Ltd. KSCARDB VS Assessing Officer, Trivandrum...
Kerala State Co-Operative Agricultural and Rural Development Bank Ltd. KSCARDB VS Assessing Officer, Trivandrum - 2023 0 Supreme(SC) 866 : A member of a multi-State co-operative society is a consumer under the definition provided in the Banking Laws (Application to Co-operative Societies) Act, 1965, as amended. Specifically, Section 2(c) of the Act defines ''''co-operative society'''' to include a society registered under any Central Act for the time being in force relating to multi-State co-operative societies. Furthermore, the term ''''co-operative credit society'''' includes a co-operative society whose primary object is to provide financial accommodation to its members. Since a member of such a society receives financial services (e.g., loans, credit facilities), they fall within the category of a ''''consumer'''' as defined in the context of co-operative credit societies, particularly when the society is engaged in providing financial accommodation to its members. This interpretation is supported by the legislative intent of the Banking Laws (Application to Co-operative Societies) Act, 1965, which extends banking laws to co-operative societies with modifications, including the application of consumer protection principles where appropriate.Checking relevance for MAVILAYI SERVICE COOPERATIVE BANK LIMITED VS COMMISSIONER OF INCOME TAX, CALICUT...
Checking relevance for Goa State Co-operative Bank VS Pedne Taluka Prathamik Shikshak Pat Saunstha LTD. ...
Checking relevance for Shree Mata Co-Operative Credit Society Ltd. VS Bhimappa Hanamantappa Raddi...
Shree Mata Co-Operative Credit Society Ltd. VS Bhimappa Hanamantappa Raddi - Consumer (2024) : A member of a multi-state cooperative society is not automatically considered a ''''consumer'''' under the Consumer Protection Act, 2019 when the dispute relates to the management, constitution, or business of the society. According to Section 84(b)(1) of the Multi-State Cooperative Societies Act, 2002, disputes between a member and the multi-state cooperative society concerning its management, constitution, or business must be resolved through arbitration as mandated by law. The legal precedent established in The Secretary, E & NF Railway Junior Co-operative Credit Society Ltd, Eastern Railway v. Sri Jyotish Chandra Sarkar & Anr. confirms that consumer forums lack jurisdiction over such disputes, which fall within the exclusive domain of arbitration under the Special Act. Therefore, a member''''s grievance involving matters like loan interest, account rendition, or lending/borrowing activities—core aspects of the society’s business—is not cognizable by consumer forums and does not establish consumer status for the purpose of filing a complaint under the Consumer Protection Act.Checking relevance for Secretary, E. & NF Railway Junior Co-operative Credit Society Limited, Eastern Railway VS Jyotish Chandra Sarkar...
Secretary, E. & NF Railway Junior Co-operative Credit Society Limited, Eastern Railway VS Jyotish Chandra Sarkar - 2024 0 Supreme(Cal) 818 : A member of a multi-state cooperative society is not considered a ''''consumer'''' under the Consumer Protection Act, 1986, because disputes between members and the society are governed by the special provisions of the Multi-State Co-operative Societies Act, 2002. Section 84 of the Act mandates that such disputes—particularly those involving claims for debts, elections, or management issues—must be referred to arbitration and are not subject to the jurisdiction of consumer forums. The court held that the special law (Multi-State Co-operative Societies Act, 2002) overrides the general law (Consumer Protection Act), and therefore, a member cannot invoke consumer protection mechanisms for grievances arising from their relationship with the society.
