Short Answer

Yes, consumer courts do have limited jurisdiction over cooperative housing society issues — but only in cases where the society provides a service for consideration (payment) to its members or residents.

Under Section 2(42) of the Consumer Protection Act, 2019, societies and their managing committees can be treated as “service providers” if they fail to deliver paid services like maintenance, repairs, water supply, or amenities.

However, internal administrative or membership disputes (like elections, by-laws, or voting rights) fall outside consumer court jurisdiction and are handled under the Gujarat Cooperative Societies Act, 1961.

Detailed Explanation

The Consumer Protection Act, 2019 gives citizens the right to approach Consumer Dispute Redressal Commissions (commonly called consumer courts) against any deficiency in service or unfair trade practice.

In the context of cooperative housing societies, this jurisdiction applies only when there is a consumer-service relationship — i.e., when members pay for a service that is not properly rendered.

• When Consumer Courts Have Jurisdiction:

According to Section 2(42) of the Consumer Protection Act, the term service includes:

Maintenance of common areas (water supply, electricity, cleaning, lifts, etc.)

Repairs and facility management

Payment-based amenities such as parking, security, or waste management

Builder-related issues (possession delay, quality of construction, non-provision of promised amenities)

Redevelopment projects where the society or developer fails to fulfill contractual obligations

If a society collects funds or charges from members for such services but fails to deliver them properly, affected members can file a consumer complaint alleging deficiency in service.

• When Consumer Courts Do NOT Have Jurisdiction:

Consumer courts cannot interfere in internal governance or statutory matters governed by the Gujarat Cooperative Societies Act, 1961.

This includes:

Disputes about membership admission or expulsion

Elections of the managing committee

Amendment of by-laws

Voting rights or share transfers

Mismanagement or corruption by office bearers (handled by the Registrar under Section 93)

In such cases, members must approach the Registrar of Cooperative Societies, the Cooperative Court, or file an appeal under Section 155 of the Act — not the consumer forum.

• Judicial Precedents:

Several court rulings clarify this distinction:

Virender Jain vs Alaknanda Cooperative Group Housing Society (1993) — The National Consumer Disputes Redressal Commission (NCDRC) held that members can approach consumer courts for deficiency in maintenance or facility services.

Navinbhai Patel vs Amardeep Cooperative Housing Society (Gujarat State Commission, 2018) — The court ruled that internal disputes like election irregularities fall outside consumer jurisdiction.

K. Ramachandra vs Bangalore Development Authority (2019) — Reinforced that societies providing paid services qualify as service providers under the Act.

• Step-by-Step Process for Members to File a Complaint:

Identify deficiency: For example, non-functioning lift or misused maintenance funds.

Issue written notice to the society demanding resolution.

If unresolved, file a complaint before the District Consumer Dispute Redressal Commission (DCDRC) along with payment proofs and correspondence.

The court may order refund, compensation, or corrective measures.

Real-world Scenarios

Scenario 1: A cooperative society in Ahmedabad collects ₹1,000 monthly for maintenance but fails to clean premises or fix lights. Members file a consumer complaint and receive compensation.

Scenario 2: In Surat, residents alleged that their society misused parking fees. The consumer court directed the committee to refund excess charges.

Scenario 3: A member in Vadodara challenged his suspension from the society; the consumer court dismissed the case, stating it was a “membership dispute,” not a service deficiency.

References

Section 2(42) – Definition of Service, Consumer Protection Act, 2019: Official PDF

Gujarat Cooperative Societies Act, 1961 – Sections 93 & 155: Official PDF

NCDRC Case Law: Virender Jain vs Alaknanda Cooperative Group Housing Society (1993)

Gujarat State Consumer Commission Rulings (2018–2020).