Dr. P.D. Shenoy, Member—Heard arguments of the learned counsel for the petitioner. He assailed the judgment of the State Commission on three grounds: (a) The respondent is not a consumer (b) The Complaint is time-barred and (c) The Consumer Fora have no jurisdiction to entertain this complaint.

2. In this case Rs. 1,00,000 as equalization fee was paid by one Mr. Ramesh Chand who had given a power of attorney to the respondent Smt. Vandana Sharma while selling the flat. Mr. Ramesh Chand was a member of the Talagang Co-operative Housing Society. It is the submission of the learned counsel for the petitioner that equalization fee charged rightly or wrongly cannot be come within the purview of the consumer court as the society has every right to charge such fees.

3. In this case it is not disputed that the respondent Smt. Vandana Sharma has stepped into the shoes of the original purchaser. He brought to notice Rule 10 of the earlier Delhi Co-operative Societies Rules, 1973 according to which a member of the co-operative housing society ceases to be a member of the transfer of the whole of his share or interest in the society to another member. Rule 10 is quoted below.

“Cessation o