Order

            The complainant Raj Kumari Devi has  filed   her case  of claim  for total  Rs. 62,000/-  including  the access payment Rs. 242.65 deposited against her loan and Rs. 25,000/- for mental, physical, harassment & Rs. 10,000/- for litigation cost.

 The case of complainant appears from her complaint petition supported with an affidavit    dated 27-01-2012  filed on 30-01-2012 that she  has taken  loan  Rs. 62000/- for construction of her house from the o.p on  interest @ of  14.15 % on  60 installments  of payment. Accordingly the o.p has given her Rs.  22934/- on  10-05-1990 and   Rs. 17201 on 10.101990 and Rs. 17101 on 02-01-1991 total o.p.  has given loan to her RS. 57236 and further on installment the o.p has given her RS. 82574 after that the complainant has regularly paid her installment as required and as paid Rs.  242.65 as excess. She demanded the excess money and filed missleneous  case no. 18/2003 against o.p joint Registrar co-operative Tirhut   Division Muzaffarpur which was decided  finally after that  she has initialed a case before  permanent Lok Adalat bearing case  no. 365/2006 in which the lok Adalat has ordered to return back the documents filed by complainant within 15 days and issue no objection,  but o.p has not complied the order for which the complainant has saved legal notice dated 30-06-2009  but no action, although  the o.p has filed a case of proclamation  bearing no. 4020/09-2010 which was dismissed by  auction officer  after  appearance of complainant and the  case was dismissed on the ground that the  cause of action not arises. When the o.p had not taken care of the aforesaid order and not return her access money deposited by her and not return the document  as well as N.O.C after laps of  about one & half year.

She has further alleged that after knowing the paper news on 08-01-2012 published by o.p that her name has been mentioned in the list of defaulter published by the o.p she became astronished.  She was suffering from serious dieses and after knowing the said news her            blood pressure  was raised and became  seriously ill as such the  o.p has done deficiency in service for which they are liable. Accordingly she has file this case.

                 The complainant has filed  Xerox copy  of several  documents  in support of her case the  Xerox copy of order dated 14-10-2004 passed is misc. case 18/2003 passed by joint Director Co-operative Tirhut Division, order dated 05-05-2008 passed in Lok Adalt is case no. 365/2006 by  permanent Lok Adalat, award dated. 05-06-2008 of Permanent Lok Adalat, order dated 24-06-2010 & 25-06-2010 passed in case no. 40/09-2010 passed by District Co-operative cum auction officer, reply of legal notice from complainant , notice dated 22-05-2009 send by  O.p to the complainant informing her the due of  Rs. 2.03 against her and legal notice dated 12-01-2012.  

             She has further filed Xerox  copies of non-cash receipt dated 10-09-1991, 09-12-1991, 10-03-1991, 10-06-1992, 10-09-1992, 11-12-1992, 11-03-1993, 10-06-1993, 13-09-1993, 28-12-1993, 25-03-1994, 10-06-1994, 28-09-1994, 31-12-1994, 31-03-1998, 30-06-1995 and cash receipt notice dated 13-11-1995, 12-05-1997, 23-08-2002, 25-10-2002 and 04-03-2003 and judicial decision passed in civil writ jurisdiction case no. 16912/2008 passed on 26-07-23013 in which the Hon’ble court has found that the decision of permanent Lok Adalat isbeyond Jurisdiction and the impugned order has been quashed, statement of amount deposited against loan as schedule-1 order dated 18-08-2011 passed in above case of writ jurisdiction by the Hon’ble court and the petition was dismissed for non prosecution.

In this case o.p no.1 &2 appeared and filed his written statement dated 16-07-2015 supported with an affidavit alleged there in that the case is wrong, false, illegal and this forum has no jurisdiction  to accept such type of case, which is purely related  with co-operative society act. The complainant for taking undue advantage by suppression  of fact and has filed this false case and has further alleged that the Ho’ble court in C.W.J.C no. 16912/2008 has quashed  the order of permanent Lok Adalat. The O.p has admitted the alleged loan and paid installments  by the complainant . Further alleged  that the Hon’ble  National Commission has found the such type of case  will to come under the co-operative societies Act,  published in CPJ 1993 (1) and further in appeal no./- 224/1997 the Hon’ble State Commission has set a side the order of D.C.F Muzaffarpur. The o.p has further accepted the deposited of complainant against loan for Rs. 82000/- and after accounting it  comes Rs. 82778.55 deposited by  her and further have relied on several decisions of Hon’ble  courts in case of co-operative society act and on this score the o.p has prayed to dismiss the case.

            The o.p has further filed additional W.s. dated 29-05-2015 mentioned the decisions of CWJC 16912/2008 against which the complainant has filed her  rejoinder dated  11-08-2015.

The O.P has filed Xerox copy of decision passed in CWJC 16912/2008, statement of deposite, decisions of D.C.F Muzaffarpur passed in case no.- 303/2000, copy of order of appeal no. 761/1998 passed on 15-03-2001 The appeal was allowed, copy of order of appeal bearing no. 224/1997 dated 11-06-2002 passed by state Commission and several others  order & decision.

The complainant has filed his w. argument  dated 30-04-2015 with statement  as alleged  in her complaint petition. She has not replied the  fact regarding jurisdiction matter raised by o.p

            Considering the facts circumstances material available with the record   as well as allegation of respective parties, it appears  before us and the only question arises for  jurisdiction  of this forum whether this forum has  right to adjudicate the matter relates to the co-cooperative society  act or not?  In this regard the decision of Hon’ble court passed in CWJC 16912/2008 is applicable and  binding to all. Although  it was passed against the order of lok   Adalat. That the Lok Adalat has no jurisdiction to pass any order.  Further the decision relied by the o.p are also effective for this case, as such we are of the constrained view that the case of complainant is not tenable in this forum and this forum has got no jurisdiction to try and adjudicate the case connected with co-operative society act and this case is totally come under the per fury  of co-operative society act, as such we find and hold that this case is not tenable  in this forum.

Accordingly this case stands dismissed, partied bears their own cost.