(1.) It is an undisputed fact before us that the petitioner was a valid member of the Bhagwati Coop. Group Housing Society Ltd. (Society hereafter)-respondent no. 2 herein. She made certain payments demanded from her to the society. As there was some complaint with regard to mis-management of the society, the petitioner submits that she served a letter dated 25th May, 2001 seeking to resign from the society and the consequential refund of the amount deposited. Despite a reminder thereof on 20th January, 2002, no refund of the amount has been effected to her.
(2.) The petitioner disputes acceptance of her resignation. Our attention is drawn to a letter dated 7th September, 2002 admittedly addressed by the society to the petitioner asking her to reconsider her resignation. It was stated therein that the secretary of the society who was guilty of irregularities had been removed from his appointment and a case stood filed against him. It was also stated that construction had been re-started with the cooperation of the petitioner and that the money deposited by the petitioner was being utilised towards the cost of the land and the construction.
(3.) It is an admitted position that till date, the amount of refund has also not been effected.