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Judgment
THESE appeals are directed against the order passed by the District Forum, Wayanad, in O.P. No. 876/94. Opposite parties 1 and 2 are the appellants in Appeal No. 224/96 and 3rd opposite party is the appellant in Appeal No. 219/96.
WE have already held in Viswanathan and Another and The Branch Manager, Kottayam District Co-operative Bank Ltd. and Another, 1996 (1) CPR 453, that any matter which falls within the purview of Section 69 of Kerala Cooperative Societies Act cannot be subject matter of a complaint before the Consumer Courts. In the present case what is alleged is that the complainant has deposited certain amounts before the opposite party. In our view he has to be treated as a creditor of the Society within the meaning of Section 69(1)(h) of the Co-operative Societies Act. His case also may fall under Clause (f) as it is dispute between the Society and a person with whom the Society has business transaction. In these circumstances the complaint is not maintainable. WE allow the appeals, set aside the order of the District Forum and dismiss the complaint. However this will not preclude the complaint from seeking remedy under Section 69 of the Co-operative Societies Act. Appeals allowed. ______________