ADHUNIKA CO Vs. DAMODAR DALAI AND OTHERS

JUDGEMENT

(1.) This is an appeal arising out of judgment of Honourable Susanta Chatterji, J., of this High Court in Civil Order No. 12125(W) of 1991 dated 23-3-1993.

(2.) The petitioner (respondent in this appeal) is a member of "Adhunika Co-operative Housing Society Ltd." (Appellant). The petitioner was allotted flat No. B/20, in the Housing Project of the Appellant Society. The petitioner never occupied the said flat so far. The flat is being continuously let-out ever since 1-9-81. According to petitioner, the appellant society is charging special service charges at the rate of 9% of the gross monthly rent recovered by the petitioner. The society has passed receipts in respect of the service charges on 29-9-81, 29-3-82, 11-1-82 and 30-3-88.

(3.) For the first time, the appellant society wrote to the petitioner on 11-6-90 (vide Annexure D) raising an objection that the premises allotted to the petitioner was being let out without seeking permission from the appellant society in contravention of the provisions of Sec. 89 of the West Bengal Cooperative Societies Act, 1983.