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RAMESH KISANI (Managing Director)     03 October 2013

Draft of petition for dispute to be filed in consumer court

I request to send me draft / specimen of Petition / Dispute to be filed with Consumer Redressal forum at Mumbai against Co-Operative Society for deficiency in service and also for negligence in compliance of Orders passed by Deputy Registrar of Co-Operative Societies, Mumbai u/sec. 79 (2). I want to argue my case in person before the consumers' forum. Thanks in advance for kind help.   



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 1 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     13 October 2013

I saw this post days ago. But I thought someone else will respond. As there is no response, I am telling you what I know.

 

I believe that you want to file case against a Co-operative Housing Society. Any co-operative society is by implication a consumer co-operative. When a group of consumers want to buy products or services, instead of going to a retailer or seller, they form a society, buy things from their source and distribute among themselves. In other words within the Society the consumer and seller are one and the same. How can one complaint against oneself? If you are member of a Society, whom do you deal with as a Society. You deal with the Managing Committee. And the Managing Committee is elected by you only. If you are not satisfied with Managing Committee, you remove them or at the next election you elect a new Managing Committee. You can yourself contest and become "the Society". However there are some exceptions:

A Co-operative Bank or a Co-operative Store serve not only its own members but outsiders also. Hence the buyer and seller become separate. If you are not satisfied with their service or their product, you can go to the consumer court. But generally a co-operative housing society serve exclusively their members only. The Managing Committee members are volunteers, who normally serve without any remuneration. The Consumer Protection Act cover service providers, who give service for a consideration only. 

You are saying that your Society is not complying with the orders of the Deputy Registrar. If so you can complain to the Deputy Registrar himself or his superior. You have also co-operative courts. In co-operative courts and in other civil courts also you can fight your case yourself in person.

About 2 or 3 years ago there was a case by a member against the Society for not transferring the flat to her as an heir. The District Consumer Court rejected her complaint for want of jurisdiction. But on appeal the State Commission admitted the case and gave decision in favor of the member.

So if you want give me more details and I shall draft the complaint for you. 


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