P.N.NAG, I.D.BALI, KRISHANA TANDON
MANAGING COMMITTEE, KAILASH CO-OPERATIVE HOUSE BUILDING SOCIETY LTD. – Appellant
Versus
JAGJIT KUMARI – Respondent
Mr. Justice P.N. Nag, President—This appeal is directed against the order of the District Forum, Solan, dated 21.2.1997, whereby the appellants, namely, the Managing Committee, The Kailash Co-operative House Building Society Ltd. (hereinafter to be referred to as the Society) have been directed to refund to the respondent/ complainant (hereinafter to be referred to as the complainant) Rs. 43,000/- alongwith interest @ 18% per annum from the date of deposit till the date of payment and cost of Rs.1,000/- has also been awarded.
2. Admittedly, the appellants-Society is registered under the Himachal Pradesh. Cooperative Societies Act, 1968. The complainant, admittedly, was enrolled as Member of the Society and was assured for allotment of 100 sq. yards independent house on deposit of certain instalments as per schedule.
3. There is no dispute that a total sum of Rs. 43,000/- has been deposited by the complainant with the Society upto 8th October, 1992 and no house was given to the complainant by the Society. The complainant was, therefore, constrained to file the complaint for refund of the amount alongwith interest. The complainant is said to have withdrawn from the Society on 16.3
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