KANWARJEET SINGH Vs. REGISTRAR COOPERATIVE SOCIETIES

JUDGEMENT

(1.) Respondent No.4 i.e. the Society has been served through ordinary process as per the service report dtd. 15/11/2021. However, till date, no reply affidavit has been filed on behalf of respondent No.4.

(2.) This present petition reveals the ordeal faced by the petitioner in getting a flat allotted to him in Category- 'A ' despite being a member of the Society.

(3.) The petitioner became a member of the respondent No.4/ Society in the year 2004 and till October, 2006, he deposited a sum of Rs.26.00 lakhs with the Society towards costs of Category- 'A ' flat which was the total cost of the said flat. Since the society did not allot a flat to the petitioner, the petitioner filed an Arbitration claim under Sec. 70 of the Delhi Co-operative Societies Act, 2003 (in short the 'DCS Act ') pursuant whereto an Award dtd. 25/9/2014 was passed in favour of the petitioner. As per the Award, the membership of the petitioner and his entitlement for allotment of Category- 'A ' flat was upheld and objections of the Society against the membership of the petitioner were rejected. The Society filed an appeal against the Award, which was dismissed by the Tribunal vide order dtd. 15/5/2017. The Society, thereafter, filed a Writ Petition (Civil) No.14078/2018 against the Award and the order of the learned Tribunal, which was dismissed by this Court vide order dtd. 28/12/2018. Despite the Award having attained finality, the respondent No.4/Society has managed to not implement the Award till date.