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2013 Supreme(SC) 404

G.S.SINGHVI, RANJANA PRAKASH DESAI, S.A.BOBDE
Virender Jain – Appellant
Versus
Alaknanda Coop. Group Hng. Sty. Ltd. – Respondent


Advocates Avocates:
For the Appellant:S.B. Sanyal, Sr. Advocate, K.K. Mehrotra, Advocate.
For the Respondents:Neeraj Kumar Jain, Sr. Advocate, Pratham Kant, Aseem, Mehrotra, Abhijat P. Medh, Rauf Rahim, Ms. Devyani Ashra, Yadunandan Bansal, Advocates.

Judgment :

The appellants were enrolled as members of respondent No.1-Alaknanda Cooperative Group Housing Society Limited. They applied for 'A' type flats, which were being constructed by respondent No. 1. They are said to have deposited the installments of price between 10.12.1995 and 15.12.2003. The details of the amounts deposited by the appellants are as under:

1. Virender Jain Rs.1,96,000/-

2. Sudesh Kumar Jain Rs.1,96,100/-

3. Pankaj Jain Rs.2,96,110/-

4. Nitin Jain Rs.1,96,100/-

5. Sudershan Kumar Jain Rs.2,96,100/-

By letters dated 9.2.2004, respondent No. 1 returned the amount deposited b the appellants and indirectly terminated their membership on the ground that they had failed to deposit the instalments of first and second stage of construction as also the instalment of the cost of land allotted by HUDA. For the sake of reference, the letter sent by respondent No.1 to appellant -Virender Jain is reproduced below:

"THE ALAKNANDA COOP. GROUP HOUSEING SOCIETY GURGAON

PLOT NO. GH-45, SECTOR-56,

GURGAON-122002

Ref no.7115 Regd. Date: 9.02.04

Mr. Virender Jain

Sub : Refund of payment due to persistent default

The following payments had been demanded by the Society from time t





































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