S P MARWAH Vs. REGISTRAR OF SOCIETIES

JUDGEMENT

(1.) THE present case is one where a member of a society post-allotment withdrew from the allotment of the plot, collected the money and is later on urging that he should be allotted plot at earlier costs as another person similarly situated was subsequently permitted to once again claim a plot at the prevailing price when she made such request.

(2.) THE petitioner is a retired member of the Indian Administrative Service. THE petitioner and other Officers joined respondent No. 2, Civil Service Officers Welfare Society (for short, ,,the Society), which was registered with the Registrar of Societies in 1997. THE Greater Noida Industrial Development Authority (for short, ,,GNIDA) allotted 30 acres of land to the Society on 27.03.1997 for the benefit of its members where plots had to be carved out. THE petitioner was allotted a plot of 500 sq. mtrs. in 1997. THE petitioner deposited certain amounts, but in the year 1998 opted to withdraw his name from the initial allotments to be made by respondent No. 2. Apparently, there were nine such members, who opted out and to whom the money was returned after consideration of the matter by the Governing Body in its meeting held on 23.11.1998. THE amount refunded to the petitioner was Rs.2,89,500/- after deducting certain expenses for withdrawal of his name at the stage after first instalment had already been paid to GNIDA. This amount was accepted by the petitioner without any demur or protest. THE petitioner claims to have sent a letter dated 12.05.1999 expressing his wish to acquire a residential plot in the complex and requested that as and when possible his case may be considered for re-allotment of a residential plot admeasuring 500 sq. mtrs. THE Society, however, claims that the said letter was possibly delivered by hand to somebody in the office of the then President and was never placed on the file of the Society and, thus, never came to the notice of the Governing Body. THE documents on record also do not show any follow up in this behalf by the petitioner.

(3.) THE Arbitration Committee examined the dispute and gave its decision on 20.12.2010, which was sent to the petitioner under the cover of the letter dated 07.01.2011 of the Society.