SMIRTI GRIH NIRMAN SAHKARI SAMSTHA Vs. JOINT REGISTRAR

JUDGEMENT

(1.) APPELLANT has preferred this second appeal against the orders of the Joint Registrar, Co-operative Societies, Raipur passed in appeal No. 883/99 dated 30.6.2000.

(2.) BRIEF facts giving rise to this appeal are that the appellant is a registered Cooperative society and it carved out plots (size 15 x 30) for commercial complex. Res. No. 3 was granted membership by the society on 25.3.1988 and he deposited membership amount and also an amount of Rs.9,000/- being the cost of the plot. On 28.5.1988 the appellant society allotted plot No. 139/1 to Res. No. 3 to build a shop thereon with the condition that the shops should be constructed with in a period of one year from the date of allotment, as per approved map and design of the society. It was also the condition that in case shop is not constructed within the specified time the allotment of shop shall be liable to be cancelled. According to Res. No. 3, the society did not deliver him any map of the shop along with allotment letter and despite his several repeated oral requests the same was not delivered to him and, therefore, he could not construct the shop. Appellant society has committed breach of clause No. 2 of the allotment letter. On the other hand the allotment of plot to Res, No. 3 was cancelled by the appellant society on 30.12.1994 and thereafter the same has been allotted to Res. No. 4, who has already constructed his shop on it. Appellant society also did not execute registered sale deed in favour of Res. No. 3, he, therefore filed a dispute initially before the consumer forum, Durg. Consumer Forum dismissed the same by order dated 24.5.1994 on the ground that it has no jurisdiction and the Res. No.

(3.) I have heard the learned counsel appearing for the parties and also perused the record of the Courts below. The only point that arises for consideration is whether the impugned order passed by the Courts below are contrary to law and liable to be set aside.