1. Challenge to society's notice imposing penalties and keeping membership in abeyance over unauthorised parking — Complaint under Section 70(2), DCSA. (Para 2 , 3 , 4 , 5 )
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2026 Supreme(Online)(Del) 22069
IN THE HIGH COURT OF DELHI AT NEW DELHI
Prathiba M. Singh, Dinesh Bhatt, JJ
Rita Benjamin – Appellant
Versus
Registrar of Cooperative Societies – Respondent
W.P.(C) 14444/2026 | CM APPL. 67738/2026 | CM APPL. 67739/2026 | CM APPL. 67740/2026
Advocates:
For the Appellants/Petitioners: Sudarsh Menon, Aditya Sharma, Md. Ziauddin Ahmad
For the Respondents: Siddharth Panda, Anil Pandey
For the Appellants/Petitioners: Sudarsh Menon, Aditya Sharma, Md. Ziauddin Ahmad
For the Respondents: Siddharth Panda, Anil Pandey
Membership in a co-operative society is a valuable right that cannot be suspended or kept in abeyance due to disputes regarding unauthorized car parking or the imposition of penal charges.
Headnote:(A) Co-operative Societies - Membership Rights - Suspension of membership - Membership of a society is a valuable right; keeping membership in abeyance over disputes such as unauthorized car parking or penal charges is impermissible. (Para 6, 7, 10)
(B) Dispute Resolution - Registrar of Cooperative Societies (RCS) - Procedure - Complaints filed under the DCSA should first be heard by the RCS to attempt an amicable resolution before referring the matter to arbitration. (Para 8)
Issues: Whether a Co-operative Society has the power to keep a member's membership in abeyance on the grounds of unauthorized car parking or penal charges.
Legal Category Hierarchy
- cooperative law
-
constitutional law
-
writ jurisdiction
- article 226 (Para 2)
-
writ jurisdiction
- property law
- practice and procedure
Table of Contents
2. Petitioner sought early hearing of complaint; Society defended its actions regarding parking violation and membership suspension. (Para 2 , 4 )
3. Society ought to resolve issues amicably; membership is a valuable right; dispute on charges cannot justify membership suspension. (Para 6 , 7 )
4. A cooperative society cannot keep membership in abeyance for a dispute over maintenance charges or penalties pending adjudication. (Para 6 , 7 )
5. Petition disposed; RCS directed to hear parties, attempt resolution, then refer to arbitration under Section 70/71 DCSA if needed. (Para 8 , 9 , 10 , 11 , 12 , 13 )
6. Can a cooperative society keep a member's membership in abeyance over a parking dispute?
No, the court doubted such power; membership is a valuable right and cannot be held up for unauthorised parking or penal charges. (Para 6 , 7 )
7. What procedure must the RCS follow upon receiving a complaint under Section 70(2) of the DCSA?
The RCS must first attempt an amicable resolution between the parties and, if that fails, make a reference to arbitration under Sections 70/71. (Para 8 )
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
2. The Petitioner – Mrs. Rita Benjamin has filed the present petition under Article 226 of the Constitution of India, inter alia, seeking an early hearing in her complaint dated 10th September, 2026 which has been filed before the Registrar of Cooperative Societies (hereinafter ‘RCS’) under Section 70(2) of the Delhi Co-operative Societies Act, 2003 (hereinafter ‘DCSA’).
3. The said complaint was filed by the Petitioner aggrieved by the decision taken by the Arur Co-operative Group Housing Society Ltd. (hereinafter ‘Society’) vide notice dated 19th September, 2026.
4. Vide the said notice the Society had imposed penalties upon the Petitioner as the Society alleges that she has unlawfully parked her car in the parking slot A-10 (A & B). Secondly, her membership has been kept in abeyance as long as the unauthorised car slot is vacated and all the dues are cleared by the Petitioner.
5. The relevant portion of the said communication from the Society to the Petitioner is extracted below:
6. Recently, this Court in Jyoti CGHS Ltd. vs. RCS & Others, W.P.(C) 13982/2026 vide order dated 22nd September, 2026 has observed as under:-
“14. In the opinion of this Court, after seeing the record, the observations of the Financial Commissioner appear to be fully justified. A Society is primarily constituted for the sake of its Members. It ought to resolve issues with its members in a cordial and amicable manner, rather than entangling the member in multiple litigations repeatedly. The membership of any Society is a valuable right which a member has and a dispute on maintenance charges which is already pending before the DCT could not have held up the membership of the Respondent No. 2.”
7. Thus, there is a clear doubt as to whether the Society has the power to keep the membership in abeyance only on the grounds of unauthorised car parking or penal charges which have been imposed on the Petitioner.
8. Be that as it may, the complaint has already been filed before the RCS. Let the RCS hear both the Petitioner and the managing committee of the Society. The RCS shall first make an attempt to resolve the disputes between the parties and if the same is not amicably resolved, thereafter a reference shall be made to arbitration under Section 70/71 of DCSA if so required.
9. Accordingly, the Petitioner and the Society shall appear before the RCS on 12th October, 2026 at 2:30pm.
10. In the meantime, insofar as the membership is concerned, the Petitioner shall not be deprived of her membership benefits.
11. If the Petitioner or the Society wish to seek any further directions, they have liberty to do so.
12. The petition is disposed of in the above terms. All pending applications, if any, are also disposed of.
13. Copy of this order be served by the Petitioner upon the Secretary, Riverview Apartment, Society for necessary information and compliance.
