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Judgment
THE complainant, named above, has filed the present complaint averring that the complainant is a member of opposite party No. 1 which is a Co-operative Society, duly registered under the Delhi Cooperative Societies Act, 1972 (hereinafter referred to as ''the Act''). As per the case of the complainant, certain disputes had arisen between the complainant and opposite party No. 1 which were referred to Arbitration by the Registrar, Cooperative Societies. THE Arbitrator, to whom the disputes were referred for purposes of adjudication, gave award dated 10.7.1998 in favour of the complainant. THE grievance of the complainant in the present complaint is that despite award being given in her favour by the Arbitrator no relief to her in terms of the award has been given. THE complainant has filed the present complaint alleging deficiency in service on the part of the opposite party No. 1 and claiming compensation for the harassment caused to her.
WE have heard the learned Counsel for the complainant at length on the question of admission of the present complaint and have also carefully gone through the documents/material on record. It is an admitted fact that the complainant is a member of Society, registered under Section 4 of the Act. It is also the case of the complainant that the disputes between her and the Society (opposite party No. 1) were referred to Arbitrator in terms of the provision contained in Section 61 of the Cooperative Societies Act and the Arbitrator has already given an award in favour of the complainant. The grievance of the complainant in nutshell in the present complaint is with regard to the non-implementation of the award by the Society (opposite party No. 1). Section 71 of the Act specifically deals with the execution of awards, orders duly passed by the Registrar or Arbitrators or Tribunal under Sections 29, Section 30, Section 59, Section 61, Section 70, Section 76, Section 78, Section 79 of the Act. In terms of the provisions contained in Section 71 of the Act, in such an eventuality an efficacious remedy is available to the complainant and the complainant, if so advised may approach the Appropriate Authority seeking execution of Award dated 10.7.1998. For the above reasons, the present complaint, filed by the complainant, is not maintainable before a FORA constituted under the Consumer Protection Act, 1986. Accordingly, the present complaint, filed by the complainant, is dismissed in limine with no order as to costs. Complaint dismissed.