Order below section 36(2) of Consumer Protection Act 2019 in CC/22/133

 Per M.P.Kasar, Member

Heard Complainant in person. Perused Complaint filed by the complainant and document annexed along with complaint at the stage of admission of complaint below section 36(2) of CPAct.

It has been observed from the perusal of complaint and documents annexed along with that, complainant is seeking to challenge /contest the draft minutes on  AGM dated 23/4/22  which received on 4.5.22 at 7.00 pm provided for members comments and observations within 15 days. Complainant is the member A/5.It is allegation of complainant that, the draft minutes is without mention on agenda and without attending to the points made /stated in complainants letter before M.C & also complainant seeks to contest points of agenda of motion  carried out  i.e. regarding car parking and in regard name of complainant and also in regard  threat to expel complainant and sought the motion without Agenda on AGM be deleted immediately

We framed issue as follows

1. Whether present complaint can be admitting against opposite party? No
2.  What an order? complaint rejected against opposite parties

As to issue No.1 :-The allegations made by the complainant in present complaint against opposite parties are   pertaining to AGM and Agenda of opposite party which does not come within the ambit of service the subject matter raised by complainant in complaint against opposite party comes within the ambit of Co operative societies Act. Being member of opposite party society complainant can approached before appropriate authorities established below MCS Act 1960 in regard subject matter against opposite party. We are of the opinion that present complaint cannot be admitted against opposite parties below section 36(2) of CPAct 2019 at the admission stage for the want of jurisdiction though complainant is member of opposite party and complaint filed well in limitation and proper in territorial jurisdiction of this commission

Considering findings derived from the above issues we pass order in view of issue No.2 as follows:

                                            ORDER

1. CC No.22/133 is hereby rejected against opposite parties below section 36(2) of Consumer Protection Act 2019
2. No order as to cost.