VIRENDER KUMAR YADAV Vs. DELHI CO OPERATIVE TRIBUNAL

JUDGEMENT

(1.) The petitioner has assailed the common order dated 28th July, 2008 passed by the Delhi Cooperative Tribunal in Appeal No.178/2009-DCT and Appeal No.199/2005-DCT, preferred by the petitioner and the respondent No.2 society.

(2.) The facts giving rise to the present petition are in a narrow compass and to the extent necessary, are set out hereafter. The New Subhash Cooperative Group Housing Society, respondent no. 2 herein is a cooperative group housing society registered under the Delhi Cooperatives Societies Act, 1972. This society was allotted a plot of land by the Delhi Development Authority bearing plot no. A-2 Paschim Vihar, New Delhi for the construction of 58 flats for allotment to its 58 members.

(3.) Sh. Lal S. Vaswani, respondent no. 3 herein was enrolled as an original member of the respondent no. 2 in the year 1971 and was allotted a flat no. 57 in the allotments effected on 7th December, 1980 to the members. It appears that the respondent society passed a resolution on 21.9.1997 to expel Shri Lal S. Vaswani from the primary membership of the society on account of his alleged default in making payment of dues. The case of expulsion of Shri Vaswani was placed before the Registrar, Co-operative Societies in accordance with Rule 36 of the Delhi Co-operative Societies Rules 1973. In those proceedings, Shri Vaswani relied upon the audit report for the year 1994-95 of the accounts of the society. He also stated that he made payment of Rs.66,000/- and a loan was also advanced by DCHFC Limited to the society on his account. He contended that he was not a defaulter. He also challenged the rate of interest which had been charged by the society.