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MUKTA GUPTA, NEENA BANSAL KRISHNA
Kanwarjeet Singh – Appellant
Versus
Registrar Cooperative Societies – Respondent
JUDGMENT
Mukta Gupta, J. - Respondent No.4 i.e. the Society has been served through ordinary process as per the service report dated 15th November, 2021. However, till date, no reply affidavit has been filed on behalf of respondent No.4.
2. This present petition reveals the ordeal faced by the petitioner in getting a flat allotted to him in Category-'a' despite being a member of the Society.
3. The petitioner became a member of the respondent No.4/ Society in the year 2004 and till October, 2006, he deposited a sum of Rs. 26 lakhs with the Society towards costs of Category-'a' flat which was the total cost of the said flat. Since the society did not allot a flat to the petitioner, the petitioner filed an arbitration claim under Section 70 of the Delhi Co-operative Societies act, 2003 (in short the 'DCS act') pursuant whereto an award dated 25th September, 2014 was passed in favour of the petitioner. as per the award, the membership of the petitioner and his entitlement for allotment of Category-'a' flat was upheld and objections of the Society against the membership of the petitioner were rejected. The Society filed an appeal against the award, which was dismissed by the Tribunal vi
The finality of the award and the obligation of the Society to implement it.
The court emphasized the necessity for the Registrar to enforce Arbitration Awards and prevent discrimination by co-operative societies against members.
Compliance with the legal provisions for membership approval, deposit, and documentation is crucial, and failure to dispute anomalies in the documents can weaken the petitioner's case.
Court emphasized that levying charges on a member without providing possession of property is unreasonable, particularly in long-standing disputes spanning decades.
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