JAGDISH KALRA Vs. DELHI COOPERATIVE TRIBUNAL

JUDGEMENT

(1.) Feeling aggrieved of Award dated 18.2.2000 accepting the claim of the Respondent-Society and directing the Petitioner to pay Rs. 2,20,084/- along with interest payable from 1st of December 1997 till the date of actual payment and the impugned order dated 20.7.2000 whereby the appeal of the Petitioner against the Award was dismissed, Petitioner has filed this Petition.

(2.) Petitioner' is a member of Respondent 2-Society. R-2 filed a claim petition for recovery of Rs.2,20,606.48 along with an interest @ 3%. As per affidavit of the Society Rs.1,10,140/- were towards loan interest account; Rs. 80,000/- towards repayment of loan amount and Rs.5,522/- towards maintenance charges. The statement filed by the Society showed that the Petitioner had paid a sum of Rs.2,97,724/- towards cost of the flat. The main grievance of the Petitioner before the Arbitrator was that the cost of the flat calculated by the Society was incorrect and that he has already remitted a sum of Rs.2,97,724/- to the Society which included the loan amount of Rs. 80,000/- taken from DCHFC on his behalf. Cost rebate of Rs.9,000/- was also not given to him by the Society. Further, the Society was also liable to pay him rent amounting to Rs.33,000/- for using his flat from June 1990 to March 1993. On this premise he has paid Rs.1,64,724/- in excess to the Society.

(3.) As was apparent from the claim and counter-claim of the parties the sole dispute before the Arbitrator was whether the loan amount of Rs. 80,000/- raised by the Society from DCHFC on behalf of the Petitioner has been cleared by him or not. Admittedly the dispute towards cost of the flat was not raised by the Petitioner at any stage either before the Society or before the Registrar and, therefore, this plea is not available to the Petitioner and his claim of having made excess payment on account of the cost of the flat as raised by him was rightly declined by the Arbitrator and the Tribunal.