CM 15460/2017 (exemption)

Subject to the petitioner filing the certified/typed/legible copies of the documents annexed with the petition within four weeks, the application is allowed and disposed of.

W.P.(C) 3545/2017

1. The present petition has been filed by the petitioner assailing the order dated 14.10.2016, passed by the Delhi Co-operative Tribunal dismissing her appeal filed under Section 112 of Delhi Co-operative Societies Act, 2003 (hereinafter referred to as 'the Act'), preferred against an order dated 3/4.06.2015 passed by the learned Dy. Registrar under Section 70 of the Act in an arbitration case filed by the respondent No.2/Society.

2. The brief facts of the case are that the petitioner is a member of the respondent No.2/Society, occupying flat No. 96, Ashirwad Apartments, Plot No. 74, I.P. Extension, Delhi-92. In the year 1988, the respondent No.2/Society passed a resolution informing the members interested in allotment of parking space for two-wheelers/cars, to deposit certain amount. The amount required to be deposited for a car parking space was fixed as Rs.17,000/- and for a scooter parking space was fixed as Rs.7,000/-.

3. The petitioner claimed that in response to the above notice, she had deposited a sum of Rs.17,000/- with the respondent No.2/Society in February 1988, against Receipt No.5979, seeking allotment of a car parking space.

4. The version of the respondent No. 2/Society is that on 2.4.2005, they had issued a memo to the petitioner calling upon her to vacate the space being used by her for parking her car as she had not applied for allotment of a car parking space. Thereafter, the respondent No. 2/Society had issued a memorandum to the petitioner calling upon her to vacate the car parking space on the ground that she had illegally occupied the same without paying any amount towards the allotment. The petitioner however failed to comply with the said notices. On 22.5.2008, an advisory was issued by the respondent No.2/Society to the petitioner to vacate the car parking space. Yet again, she did not take any action. Finally, an eviction notice dated 16.1.2014 was issued by the respondent No.2/Society to the petitioner.

5. The petitioner has pleaded that she had replied to the captioned notices dated 02.4.2005, 22.5.2008 and 16.1.2014 issued by the respondent No.2/Society stating inter alia that she had paid the requisite charges for allotment of a car parking space and had enclosed therewith a photocopy of the Receipt issued by the Society.

6. Not satisfied with the petitioner's reply, the respondent No. 2/Society approached the respondent No.1/Registrar of Co-operative Society for appointment of an Arbitrator to adjudicate the dispute with the petitioner and respondent No.1 appointed an Arbitrator on 27.7.2015, for adjudicating the said dispute under Section 71 of the Act.

7. After notices were issued to the parties calling upon them to appear before the learned Arbitrator, the petitioner filed a reply to the Claim Petition of the respondent No.2/Society where under, amongst others, she raised a preliminary objection that the said claim was barred by limitation as the dispute has been raised after 25 years of the use of the car parking space by her. The said objection was considered and dismissed by the learned Arbitrator vide order dated 03.6.2015, wherein it was held that the claim petition filed by the respondent No.2/Society was not barred by limitation for the reason that a dispute existed between the parties that touches upon the constitution, management and business of the respondent No.2/Society and falls under the ambit of Section 70 of the Act.

8. Aggrieved by the aforesaid order, the petitioner had filed an appeal before the Delhi Co-operative Tribunal which was also dismissed vide order dated 14.10.2016 with an observation that since she is a member of the respondent No.2/Society and has been using the car parking space without payment of the requisite amount, it cannot be stated that the