• Filed complaint in consumer court for refund of my deposit

My deposit is in cooperative credit society. since one year I am requesting for refund of my money. Finally I filed casein consumer court for refund. society's advocate filed objection as bellow 1.that the complainant is the member of the society and the respondent society is not a banking institution and not deal with the public,All the business activities are among the members of the society. To avail the benefits as per the bye law of the society every member invest the funds in shares and deposits of the fund in FD Account.. That the complainant is not a customer but is the owner of the society as per shares and that the power of the society vest with the members of the general body.2.That the respondent due to untold hardship of covid 19 and lockdown whole business was stopped and collection of loans from loaners put into untold hardship.3.That the jurisdiction point is with the Registrar of Co-Op Society as per 70 of section K.C.S. act and Section 118 of KCS act.and bars the jurisdiction.4. That the constitution 97th amendment Act 2011 insertion of new article 43 B in para IV of the constitution. That the amendment of Article 19(1)(C) of the constitution and the also insertion of Article 243 ZH to 243 ZT in part IX of the constitution which clearly gives the personal powers to the society voluntary organisation autonomous function democratic control and professional management of the society. Kindly guide in this regard so that i can put forth my evidence correctly... Arun warad
Asked 4 months ago in Consumer Law

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4 Answers

Your complain is maintainable. Consumer court is additional remedy and can be taken with other remedies. 

Prashant Nayak
Advocate, Mumbai
28106 Answers
93 Consultations

4.4 on 5.0

You need to engage local lawyer for drafting your rejoinder 

 

take the plea that society is guilty of deficiency of service as it has refused to refund your money for period of one year inspite of repeated reminders 

 

that you are entitled to approach consumer forum as it is an additional remedy available to you on account of failure to refund your deposit 

Ajay Sethi
Advocate, Mumbai
89092 Answers
6362 Consultations

5.0 on 5.0

You are confused about the provisions of law hence you have not put proper question here. 

Therefore in the absence of what exactly your problem is, no suggestions can be rendered in this regard. 

You may consult a local lawyer by producing all the relevant documents before him and proceed with the suggestions made. 

T Kalaiselvan
Advocate, Vellore
79250 Answers
1618 Consultations

5.0 on 5.0

Sir,  

You should have filed arbitration case with RCS under Section 70 being a member of the society.  Dispute between member and society are dealt with by RCS.  Since you are not a consumer, you may lose the case due to lack of jurisdiction.  It's better to withdraw the case with the liberty to file the case with RCS.

Dalip Singh
Advocate, New Delhi
1050 Answers
36 Consultations

5.0 on 5.0

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