Court upheld the rights of a bona fide member of a cooperative society to her originally entitled flat, reinforcing judicial authority to rectify unfair membership disputes.

JUDGMENT

Amit Sharma J. The present writ petitions under Articles 226 read with Article 227 read with Article 14 read with Article 300A of the Constitution of India involves a dispute with respect to an allotment of Flat No. B-29, Prem Kutir Cooperative Group Housing Society Ltd. (respondent no.2 in both the petitions). With the consent of learned counsel for the parties, the said writ petitions were taken up for final hearing and are being disposed of vide this common judgment.

2. In order to appreciate the issue involved in the present matter, following facts, spanning nearly three decades, are relevant for deciding the present subject dispute involved in the aforesaid writ petitions. The following facts are being culled out from the Counter affidavit filed by respondent No. 4 (Dr. Suman Pujari) in W.P. (C) No. 1647/2015;-

(i) That on 21.01.1990, respondent no. 4 applied for membership of respondent no.2 society and deposited Rs.110/- towards admission fee and share money with application form and Rs.75,000/- towards cost of construction and land money.

(ii) Thereafter, on 09.09.1990, respondent no.2 society conferred membership no. 143 to respondent no.4 against resignation of Mr. R.K. Kediya.

(iii) Further, on 14.09.1990, respondent no.2 society requested respondent no.4 to sign the membership register and also informed that the printed share certificate would be issued to her shortly.

(iv) That on 01.10.1991, the Joint Secretary of respondent no.2 society issued a letter informing respondent no.4 that an amount of Rs.75,000/- received from her by the previous managing committee stands deposited as 'non members' against which the society does not give her any assurance for providing membership.

(v) Respondent No.4 preferred an arbitration U/s.60 of Delhi Cooperative Societies Act, 1972 praying for declaration that she is a member of respondent no.2 society with membership no.143 and for direction to respondent no.2 society to allot a residential flat to her.

(vi) Consequently, on 14.06.1995, The Award was passed by Sh. S.C. Gupta in arbitration case no.109/JRl/GH/1993-94 to the effect that respondent no.4 was never admitted as a member of respondent no.2 society and the amount of Rs.75,000/- + 110/- was accepted by the society from her as 'non-members'. The membership of respondent no.4 was never accepted by the managing committee of the society and it is alleged that the then President Sh. Sant Lal Gupta, deceived respondent no.4 by communicating the decision which was never taken by the managing committee of the society and the action of the then President was uncalled for and malicious. As the record of the society established the receipt of amount of Rs,75,110/-, respondent no.2 society was directed to pay the said amount at an interest of 12% p.a. w.e.f. the date it was received.

(vii) Thereafter, on 11.03.1996, the aforesaid award dated 14.06.1995 was challenged in appeal before Delhi Cooperative Tribunal and the Delhi Cooperative Tribunal remanded the case for redetermination by another arbitrator.

(viii) That on 17.07.1998, the matter was reconsidered and decided by Sh. B.R. Rawal, the Sole Arbitrator in arbitration case no.109/JR-l/611/1993-94/1166. It was held that the letter dated 14.09.1990 addressed by the President of respondent no.2 society to respondent no.4 categorically informed respondent no.4 about confirmation of her membership at serial no.143 and she was enrolled as a member of the society. The resolution dated 09.09.1990 bears the signature of the President of the then Managing Committee along with seven other members. The ledger bearing page no.25 in respect of 'non-member' account was considered by the Ld. Arbitrator and it was observed that in the resolution dated 09.09.1