RAKESH KISHORE Vs. REGISTRAR CO OPERATIVE SOCIETIES

JUDGEMENT

(1.) The petitioner, Dr. Rakesh Kishore, purchased Flat No. B-602 in Arur Cooperative Group Housing Society, Mayur Vihar-I Extension, Delhi-110091. The petitioner got the flat converted into freehold from the Delhi Development Authority and has also got the mutation done in his name by the Municipal Corporation of Delhi.

(2.) It is alleged in the petition that to obtain physical possession of the said flat in the society the management committee of society demanded Rs. 50,000 / - as entry fee at the time of entry. The petitioner repeatedly requested the management committee that no entry fee can legally be charged from the petitioner. It is alleged that the management comittee despite repeated requests insisted the petitioner to pay the amount of entry fee. Ultimately the petitioner had to pay Rs. 50,000/- vide two Cheque Nos. 0026590 & 0026591 of Rs. 25,000/- each which were duly withdrawn from the petitioner's account and deposited in the account of the society through bank transfer transactions dated 9.5.2000 and 17.5.2000. The petitioner after paying the amount requested the society to refund the amount but when no amount was refunded, the petitioner was left with no alternative but to approach the Court.

(3.) The petitioner filed a Civil Writ Petition No. 7733 of 2000 assailing the deceitful charging of entry fee of Rs. 50,000/- The Court issued show cause notice. It is alleged that respondent No. 1 Registrar of Cooperative Societies started taking action against the management committee of Arur Cooperative Group Housing Society. It is mentioned in the order dated 16.8.2001 passed in CWP No. 7733 of 2000 that the Registrar has also taken cognizance of the case of the petitioner in which Rs. 50,000/- is stated to have been charged towards entry fee. The Registrar in the operative portion of the order has clearly mentioned that the "Society will not charge any entry fee in any form from the persons eligible for taking the possession of the flat in the society as already directed vide directive dated 14.12.1999 and an undertaking to this effect will be filed by the President/Secretary of the society within one month." It is further observed that the petitioner would be at liber ty to move the Financial Commissioner for impleadment and in such a case the Counsel for respondent Society states that they would not raise any objection to the same.