SARLA RANI Vs. ASSISTANT HOUSING COMMISSIONER

JUDGEMENT

(1.) Rule. with the consent of the parties, writ petition Is taken up for disposal. Petitioner's deceased husband, Mr.Vishwa Nath Kapoor, was a member of PNB Staff Co-operative House Building Society Ltd. Petitioner's husband died on 13.2.1973. It appears that after his death, petitioner was not interested in continuing with membership 'and addressed a communication (Annexure R-1) to the Secretary of the Society, stating that on account of family circumstances and her two minor children, she would not be in a position to continue with the membership. She requested that the amount deposited be returned to her. Learned counsel for the petitioner submits that after this application, the petitioner did not complete any formality for withdrawal and her membership would continue. The request was not acted upon by the Society.

(2.) It is the petitioner's case that thereafter the respondent/Society vide letter dated 30.5.1977, requested the petitioner to submit the affidavit, as per the proforma attached, so that the transfer of membership in his favour could be completed and the case sent to the Assistant Housing Commissioner for scrutiny. Petitioner also places reliance on communication received from the Society, wherein, she was being treated as a member. Vide a letter dated 21.3.1980, the respondent/Society gave the statement of account and called upon the petitioner to pay the balance sum of Rs.4161.60 paise as due. It is the petitioner's case that the said amount was paid on 8.8.1980.

(3.) Learned counsel for the petitioner contends that petitioner had duly paid the price and had complied with the requirements for transfer of membership. She received no communication from the respondent/Society. Learned counsel urges that petitioner being a a widow, with two minor children, living in Ludhiana was unable to personally follow up the matter. Petitioner also complained vide letter dated 10.5.1994, against non-allotment of plot to the society and vide letter dated 5.9.1995 to the Assistant Housing Commissioner.