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Judgment
THIS is complainant''s appeal against order of the Forum dated 22.6.2000 dismissing the complaint petition.
BRIEFLY stated the fact of the case is that the complainant is a member of opposite party No. 2, a registered housing society. He was granted a loan of Rs. 22,000/- by opposite party No. 2 which the complainant had duly repaid. Opposite party No. 1 is a co-operative society and it is the Apex Society in the State. It had advanced loan to the opposite party No. 2 for the construction of residential houses for its members. Out of the loan amount received by the opposite party No. 2 from the opposite party No. 1 it had sanctioned loan of Rs. 22,000/- to the present complainant. The complainant alleges that he having complied with all the requirements, the opposite party No. 1 failed and neglected to execute and register a deed of reconveyance in his favour. So he approached the Forum praying for a direction upon the opposite parties to execute and register the deed of reconveyance in his favour. The case was contested by the opposite parties wherein several pleas were taken. One of the pleas was that the case is barred under Section 95 of the West Bengal Co-operative Societies Act, 1983. It is the case of the opposite party No. 1 that the opposite party No. 2, the Housing Co-operative Society is a defaulter and it has defaulted to pay a total sum of Rs. 18,40,755.22 as on 31.12.1996. According to it the deed of reconveyance cannot be executed until full payment has been made by the opposite party No. 2.
The Forum noticed further that a sum of Rs. 18,40,755/- and odd is still outstanding against the opposite party No. 2, which fact is disputed by opposite party No. 2. The case of the opposite party No. 1 further is that it had advanced loan to the opposite party No. 2 who in turn advanced loan to its members and a huge amount is outstanding against the opposite party No. 2. Accordingly it contends that unless the entire amount is repaid no reconveyance is to be made. Learned Counsel appearing for the opposite party No. 1 submits that the case is barred under Section 95 of the West Bengal Co-operative Societies Act. According to him this is a dispute which cannot be resolved by a consumer dispute redressal agency. The complainant may approach the Registrar of Co-operative Societies for relief. Reliance was placed upon a case reported in AIR 1990 Calcutta 380, in the case of Anjan Chowdhury v. Annadamoyee Co-operative Registered Housing Society & Ors. We have carefully gone through the impugned judgment and the decision cited above and we have no hesitation to hold that the present case is not maintainable. The Forum was, therefore, perfectly justified in dismissing the complaint petition. So we find no reason to interfere with the decision. Accordingly the appeal is dismissed on contest. Appeal dismissed.