- (1.) WITHOUT going into the merits of the appeal, the appeal has to be allowed in view of the judgment of the Supreme Court in The Secretary, Thirumurugan Cooperative Agricultural Credit Society v. M. Lalitha (dead) through LRs. & Others, 2004 1 CPJ 1, The District Forum has dismissed the complaint on the ground that the complainants are not consumers and they cannot invoke the provisions of the Consumer Protection Act, 1986 .
(2.) NOW that it has been held by the Supreme Court that the powers of the Consumer Fora have to be exercised in respect of Co -operative Societies also, only because there is a provision in the Cooperative Societies Act under Section 90 the matter between the Member and the Society has to be dealt with only by the authorities under the Cooperative Societies Act cannot be accepted. Hence, the order of the District Forum has to be set aside and the matter has to be remitted back to the District Forum for fresh disposal on merits.
(3.) ACCORDINGLY , the appeal shall stand allowed; the order of the District Forum set aside and the matter is remitted back to the District Forum, Chengalpattu, for fresh disposal on merits. There will be no order as to costs in the appeal.;