D.K.JAIN, J. - (1.) THIS appeal, by special leave, is directed against order dated 16th March, 2002, passed by the National Consumer Disputes Redressal Commission, New Delhi (hereinafter referred to as the 'National Commission') in Revision Petition No.1468 of 2001. By the impugned order the Commission has affirmed the order passed by the State Consumer Disputes Redressal Commission Orissa, awarding interest to the complainant at the rate of 12% per annum from 26th October, 1995 to 6th April, 1999 on account of failure on the part of the appellant to develop the land and deliver possession of the plot to the complainant -respondent.
(2.) DESPITE service, no one appears for the respondent. Accordingly, we have heard learned counsel for the appellant.
(3.) AT the outset, it is fairly pointed out by learned counsel for the appellant that the question of jurisdiction of the Consumer Fora to entertain and try complaints under the Consumer Protection Act, 1986 (for short the 'Act') when there is a bar under the Co -operative Societies Act to the jurisdiction of the civil Courts to entertain any dispute between the Co -operative Society and its members, is no more res -integra. In Secretary, Thirumurugan Cooperative Agricultural Credit Society v. M. Lalitha (dead) Through L.Rs. and Ors., 2004 (1) SCC 305, while dealing with a similar issue with reference to Section 90 of the Tamil Nadu Co -operative Societies Act vis -a -vis the jurisdiction of the Consumer Forum under the Act, it has been held by this Court that the remedy available to an aggrieved party under the Act being much wider in its scope, Section 90 of the Tamil Nadu Co -operative Societies Act does not oust the jurisdiction of the Consumer Forum to adjudicate upon disputes between the members and the Co -operative Society under the said Act. Thus, the short question that survives for consideration in this appeal is whether all the three Fora were justified in awarding interest to the complainant on account of non -development and non -delivery of the plots.;