PAVITRA COOPERATIVE GROUP HOUSING SOCIETY LTD., THROUGH ITS PRESIDENT SH. ANAND KUMAR, NEW DELHI Vs. REGISTRAR OF COOPERATIVE SOCIETIES, DELHI COOPERATIVES SOCIETIES, NEW DELHI,

JUDGEMENT

(1.) THE Petitioner Society is aggrieved by an Award dated 9th November, 2001 passed by the Joint Registrar/Arbitrator, Cooperative Societies and order dated 21st December, 2001 passed by the Delhi Cooperative Tribunal (for short the Tribunal) dismissing the appeal of the Petitioner Society against the Award.

(2.) RESPONDENT No.4 claimed to be a member of the Petitioner Society. According to her, she had paid a sum of Rs.3,55,100/ - over a period of time by way of deposits for the allotment of a flat. However, since it was not possible to allot her a flat, the Petitioner Society decided to refund the amount deposited by her. In fact, the Petitioner Society issued two cheques of Rs.1,00,000/ - each in 1987 towards refund of the deposited amounts. Unfortunately, both the cheques bounced because the funds in the account of the Petitioner Society were insufficient. Respondent No.4 alleged that she had been insisting on the allotment of a flat or at least a refund of the amounts deposited by her along with interest @ 18% per annum from the date of deposit but the Petitioner Society has neither allotted the flat nor is it refunding the deposits made.

(3.) ON these facts Respondent No.4 raised a dispute which was referred to arbitration under the provisions of Section 60 of the Delhi Co -operative Societies Act, 1972 (for short the Act). The claim was admitted by the Registrar of Cooperative Societies and referred for arbitration under the provisions of Section 61 of the Act.