NITENDRA SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) Aggrieved by the termination of the membership of the Petitioner by the Saket Sports Complex, the instant writ petition has been filed with the following prayers:

(2.) The facts, in brief, as narrated in the instant writ petition are that the Petitioner is a practicing advocate in Delhi. It is stated that the Petitioner had got the membership of DDA Sports Complex, Saket, New Delhi, and he has been paying the subscription fees of the Sports Complex on a regular basis. It is stated that due to outbreak of COVID-19, all the facilities of the Sports Complex were closed in light of the directions issued by Government from time to time. It is stated that the Petitioner, his wife and children had contracted COVID-19 due to which the Petitioner was not in position to avail the facilities of the Sports Complex from April 2020 to March 2022. It is stated that when the Delhi Government relaxed most of the restrictions, the Petitioner visited the Sports Complex to enquire about the commencement of swimming activity, and he was informed that his membership had been cancelled. It is stated that the Petitioner, thereafter, sent a legal notice to the Respondent/DDA regarding the cancellation of his membership. It is stated that the Respondent/DDA sent a reply to the legal notice sent by the Petitioner informing him that he was duly informed regarding the non-payment of subscription vide email dtd. 9/1/2020 on his registered email ID. The DDA in it reply also stated that the membership of the Petitioner had been cancelled with effect from 14/10/2021 due to non-payment of membership subscription fees from 1/1/2020 to 14/10/2021.

(3.) Contending that the membership of the Petitioner had been cancelled without following the due procedure of law and also that the Petitioner was not liable to pay the subscription fee since the Sports Complex was not offering any services amidst the outbreak of COVID-19, the instant petition has been filed.