consumer protection forum jurisdiction
shivraj
(Querist) 13 October 2010
This query is : Resolved
Can a complaint been filed specially against directors for deficiency in service of co-op bank which is under liquidation?whether consumer forum has jurisdiction to try this complaint?any relating authorities?
Chetan Pichamuthu
(Expert) 14 October 2010
Co-op bank's come under the preview of Registrar of Co-op societies and it would be difficult to convince the Consumer forum to accept such complaints...But you can still give it a try your luck & may be atleast get summons ordered to draw attention.
adv. rajeev ( rajoo )
(Expert) 14 October 2010
Eventhough it is co-op bank, if any deficiency by it, consumer has got jurisdiction
s.subramanian
(Expert) 14 October 2010
It is maintainable. There is no bar under the Act to file such a complaint against the Co-oP bank.But you cannot do it personally against the directors since the bank alone is responsible for such deficiency in service,if at all proved. When the bank is under liquidation,the liquidator alone is the competent person to represent the bank since he supersedes the directors,who cannot act on behalf of the bank during the liquidation proceedings.
Advocate. Arunagiri
(Expert) 14 October 2010
I agree with Mr.Subramanian. Pls add the liquidator also as a party to the consumer complaint.
R.Ramachandran
(Expert) 14 October 2010
I have a doubt. When the Co-op. bank is under liquidation, does it render any service to anybody during that period? So where does the deficiency in service comes in?
R.Ranganathan
(Expert) 14 October 2010
Complaint can be preferred against the Directors and liquidator may be added as party to the proceedings, for the deficiency in service by the Co-op Bank.
