RAKESH BAJAJ Vs. THE REGISTRAR COOPERATIVE SOCIETIES

JUDGEMENT

(1.) THE facts of both these petitions are more or less similar and therefore, it will be sufficient to refer to the facts of W.P.(C) No. 8125/2008. The challenge by means of the petition under Article 226 of the Constitution of India is to the order dated 16.9.2008 of the Financial Commissioner whereby the Financial Commissioner dismissed the appeal of the appellant/petitioner against the order dated 14.2.2003 passed by the Registrar. The Registrar vide order dated 14.2.2003, confirmed the expulsion of the petitioner from the respondent No. 2 society for non -payment of dues.

(2.) THE facts of the case are that the petitioner became a member of the respondent No. 2 society in 1993. The petitioner had opted for a 'A' category flat in the form submitted to the respondent No. 2 society in 1995. The respondent No. 2 society however issued a demand notice to the petitioner on 1.12.1997 for a 'C' category flat and the last date for payment was given as 16.12.1997.

(3.) THE petitioner failed to deposit the dues as claimed for the 'C' category flat and consequently, expulsion orders were passed by the respondent No. 2 society against the petitioner. Post the expulsion of the petitioner from the society for nonpayment of dues, the issue came to be raised before the Registrar who decided the issue vide his order dated 14.2.2003. The proceedings before the order dated 14.2.2003 was passed, has a certain chequered history, of a first decision by the Registrar and then remand for a fresh decision, details of which are not necessary for the disposal of the present petition. Suffice to say that the Registrar before passing the order dated 14.2.2003 gave a last opportunity to the petitioner to deposit the amount due to the society for a 'A' category flat (in spite of the fact that the petitioner was not entitled to the same) within a period of 60 days, and even this opportunity the petitioner failed to avail of because he raised various disputes with regard to the interest charged by the society. It can be said that the Registrar in fact went out of the way to accommodate the petitioner by giving a 'A' category flat to the petitioner because the issue with regard to the entitlement of 'A' category flat was not sub -judice before the Registrar and the only issue which required its decision was expulsion of the petitioner for non -payment of dues with respect to the 'C' category flat allotted. Since the petitioner even failed to pay the charges for the 'A' category flat within a period of 60 days, the Registrar ultimately confirmed the expulsion of the petitioner and in fact observed that the issue with regard to change of category was a matter which ought to have been considered and decided only in proceedings under Sections 60/61 of the Delhi Cooperative Societies Act 1972.