JUDGEMENT
R. M. Borde, J. -
(1.)Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties.
(2.)In all these petitions, the orders passed by the District Consumer Forum imposing liability either on the Directors or Ex-Directors of the Co-operative Society in respect of payment of amount to the complainant/s, is subjected to challenge. As common question falls for determination in all these petitions, those are being taken up together.
(3.)The complainants in all these matters. Respondents herein, are the depositors of the Co-operative Credit Societies/Banks who have not been refunded the amount of deposit/ s by the concerned Credit Societies/Banks after completion of the term. Along with the Directors of the Co-operative Society, the complainants have impleaded the concerned Credit Societies/ Banks in the complaints presented to the District Consumer Forum and the District Consumer Forum has issued uniform direction against all those Co-operative Credit Societies/Banks as well as the Directors to refund the amount along with interest as well as damages. The petitioners have objected to the orders passed by the District Consumer Forum raising two principal grounds:
1. Firstly, it is contended that the Complaints against the petitioners as well as the Co-operative Credit Societies/Banks would not be entertainable before the District Consumer Forum, as the provisions of the Consumer Protection Act, 1986, shall have no applicability in respect of functions canned out by the Co-operative Credit Societies/Banks. There is a special enactment in the form of Maharashtra Co-operative Societies Act, 1960, which provides for presentation of disputes to the Co-operative Court and in view of availability of remedy under the special statute, the complaints ought not to have been entertained by the District Consumer Forum established under the Consumer Protection Act, 1986.
2. The second ground of attack is that in any eventuality, even assuming that the provisions of the Consumer Protection Act, 1986, has applicability, the Directors of the banks or members of the Managing Committee of the Co-operative Credit societies cannot be held responsible and no liability can be fixed against them, without observing the procedure as prescribed under the Maharashtra Co-operative Societies Act. 1960. It is contended that the District Consumer Forum has no jurisdiction to pass orders against the members of the Managing Committee of the Co-operative Societies/Directors of the Banks.
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