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Judgment
VIDE impugned order dated 29.11.2001 the complaint of the appellant was dismissed on the ground that the same was not maintainable because of lack of jurisdiction with the District Forum by placing reliance upon the judgment of the State Consumer Disputes Redressal Commission, Calcutta in III (2000) CPJ 75, between Subrata Roy v. Tapan Kumar Bhattacharji, wherein it was held that the Co-operative Society Act is a Special Act whereas the Consumer Protection Act is a general law and since Special Act has preference over general law, the complaint by a member against co-operative society is not maintainable.
IN view of the judgment of the National Commission in Kalawati and Others v. United Vaish Co-operative Thrift and Credit Society Ltd., I (2002) CPJ 71 (NC)=Revision Petition Nos. 823 to 826 of 2001 decided on 13.3.2001 that a member of a housing co-operative society or the person who has been allotted a flat or house by the society come within the definition of "consumer". The appeal is allowed, the impugned order is set aside and the matter is sent back to the concerned District Forum for deciding it on merit after affording the parties reasonable opportunity of being heard. The parties shall appear before the District Forum on 20.10.2004 for the aforesaid purpose. A copy of this order as per statutory requirements be forwarded to the parties free of charge and also the concerned District Forum and thereafter the file be consigned to record room. The FDR deposited by the appellant be returned to the appellant after completing necessary formalities. Appeal allowed.