Prathiba M. Singh J.,(Oral)

1. None appears for Respondent no.2.

2. The present petition challenges the order dated 2nd August, 2018 passed by the Delhi Co-operative Tribunal in Appeal no. 66/2017/DCT and the judgement dated 21st April, 2022 passed thereafter by the Delhi Co-operative Tribunal in Review Petition No. 23/2018.

3. The background of the case is that Respondent No. 2– Mr. Raj Singh had obtained membership of the Petitioner Society– Chopra Co-operative Group Housing Society Ltd. (hereinafter, ‘the Society’) in December 2002.

4. The said member had filed the claim petition under Section 60 of the DCS Act, 1972, claiming membership of the Society.

5. This claim petition was decided in favour of the claimant vide an award dated 6th April, 2017 in the following terms:

“The undersigned is of the view that once a person

has been admitted as a member by the Society he

will remain member of the Society until and unless

he is disqualified/expelled/seized/resigned as a

member of the Society. But in the present case none

of the conditions is being fulfilled as the claimant is

neither disqualified/expelled/seized/resigned as a

member of the Society, hence, undersigned is of the

view that the claim of the claimant have substance,

therefore, the same is allowed. I hereby affirm that

the claimant is a valid and bonafide member of the

Society and the Society is directed to immediately

include the name of the claimant in the list of

members.

The Society is further directed to issue the demand

notice as per the Delhi Cooperative Societies Act &

Rules to the claimant and after realization of the

dues/amount from the claimant, the Society is

directed to forward the name of the claimant to the

office of Registrar of Cooperative Societies for

allotment of the flat as per the Delhi Cooperative

Societies Act and Rules. The Society is further

directed to provide all the requisite documents

which are required by the claimant to avail the loan

from his employer /any other financial institution to

make the payment to the Society.

Although the claimant has suffered a lot of being

having fighting the litigation from past around 12

years but in spite of the same, as the Society has

their own limitations viz. a viz. the financial

conditions, hence no order of the cost is passed.

Parties will bear their own cost.”

6. This award dated 6th April, 2017 was challenged before the DCT by the Society in Appeal no. 66/2017/DCT, wherein vide order dated 2nd August, 2018, the appeal was dismissed in the following terms:

“20. Ld. counsel for the appellant society has relied

on authorities reported, as WP(C) No. 8937/2007,

WP(C) No.4491/2004 & CM No. 3540/2004, WP(C)

No. 6917/2007 and CWP No.465 of 1998 titled as

Kamal Vihar CGHS Ltd. Vs: Shri Mohan Chand &

ors. The authorities relied by Id. cl. for the appellant

with due respect are not applicable on the facts &

circumstances of this case because R1 had paid

substantial amount of Rs.1,10,000/- on demand and

had also made a request for supply of documents for

enabling him to obtain the loan from his employer

but the society failed to supply the documents.

21. In our considered view, there is no illegality,

infirmity or impropriety in the impugned award. The

appeal is liable to be dismissed and is accordingly

dismissed.

22. Parties are left to bear their own costs.

23. Copy of order be sent to office of RCS alongwith

TCR.”

7. Thereafter, Review Petition No. 23/2018, which sought review of the said order dated 2nd August, 2018 was partly allowed vide judgment dated 21st April, 2022 in the following terms :

“26. We therefore find that the order of our ld.

predecessor bench on the issue of entitlement of the

respondent to a flat is totally based on a mistaken

view that he had made substantial payment. To this

extent we review the impugned order and set aside

the portion of the award directing the society to

issue a demand notice to the claimant and after

realising of the dues/ amount to forward the name

of the claimant to the Registrar Cooperative

Societies, for allotment of the f