JAYANTHY KRISHNAMURTHY Vs. REGISTRAR COOP SOCIETIES

JUDGEMENT

(1.) RULE.

(2.) WITH the consent of the parties, the writ petition is taken up for hearing.

(3.) PETITIONER is aggrieved with the action of the Managing Committee of respondent No. 2 in charging hefty fee of Rs. 1,20,000/- in contravention of directions dated 14. 12. 1999, 10. 10. 2001 and 09. 10. 2002 issued by the Registrar cooperative Societies under Rule 77 of the Delhi Cooperative Societies Act, 1973. Petitioner by this petition claims refund of the said entry fee of rs. 1,20,000/- taken under the "common Goods Fund" from respondent No. 2 with interest @ 18% per annum. Learned counsel for the petitioner Ms. Mala Goel places reliance on the judgment of this court in Kusum Lata Gupta and Ors. v. Registrar Cooperative Societies reported in 2007 II AD (Delhi) 479 by which a number of writ petitions were disposed of and the funding was returned by holding that it was not permissible for the societies to take payment of hefty amounts from the purchasers in the guise of entry fee, transfer fee, common goods fund or similar nomenclatures. The court in those batch of writ petitions allowed the societies to charge Rs. 10,000/- each to cover the transfer and processing cost etc. Learned counsel for the petitioner further submits that the petitioner would also have no objection if a similar sum of Rs. 10,000/- is charged from him and not Rs. 1,20,000/ -.