- (1.) The question of law involved in the matter had been framed earlier on 12th June, 2018 when the matter was admitted. The matter has come up for final hearing today.
(2.) The facts of the case are, inter alia, that the respondent no.3 borrowed sums of money from Contai Co-operative Bank Limited and aggrieved by the action of recovery initiated by the Bank, had moved the Consumer Forum under the provisions of the Consumer Protection Act, 1986.
(3.) The Consumer Forum entertained the matter. Contai Co-operative Bank has filed the instant writ application challenging the jurisdiction of the Consumer Forum in view of the provisions of Section 102(4) and Section 145(2) of the West Bengal Co-operative Societies Act, 2006. The two provisions are set out hereinbelow: "102. (1) ". (2) ". (3) ". (4) Any civil court or any Consumers' Dispute Redressal Forum shall not have any jurisdiction to try any dispute as mentioned in sub-section (1)." "145. (1) "" (2) Save as provided in this Act, no Civil Court or Revenue Court or Consumer Disputes Redressal Forum shall have jurisdiction in regard to anything done or any action taken or any order passed under this Act and, in particular, in regard to - (a) the registration of a co-operative society or its by-laws or an amendment of its by-laws; or (b) the dissolution of the board of a co-operative society and the management of such co-operative society on such dissolution; or (c) any matter concerned with dissolution or liquidation of a co-operative society; (d) any dispute required to be referred to the Registrar under section 102." ;