NATIONAL FERTILIZERS LTD EMPLOYEES CO-OPERATIVE HOUSE BUILDING SOCIETY LTD Vs. RAM MEHAR SINGH KUNDU AND ANR

JUDGEMENT

(1.) This is an appeal directed by National Fertilizers Ltd. Employees Co-operative House Building Society Ltd., Yamuna Enclave, Panipat through its Secretary against the judgment dated 13.6.2009, passed by Smt. Sarita Gupta, Additional District Judge, Panipat, vide which the appeal preferred by the defendant-appellant against the judgment dated 10.8.2007 passed by Sh. Sanjay Sandhir, Additional Civil Judge (Senior Division), Panipat, was dismissed.

(2.) The challenge of the plaintiff is in respect of notice dated 16.2.2004 issued by defendant No. 2, whereby the plaintiff was called upon to pay an outstanding sum of Rs. 49,995/- on account of interest and installments. The case of the plaintiff is that he is a member of defendant No. 1 House Building Society. Defendant No. 1 - society purchased the land for carving out plots and allotting to its members. Scheme No. 1 was floated by defendant No. 1-Society and plaintiff deposited a sum of Rs. 8,000/- with defendant No. 1 for allotment of plot. The plots were allotted by defendant No. 1 in violation of terms and conditions, rules and regulations of the Societies to the persons who were close to the President/Office bearers of the Society, though said persons were not entitled for any such allotment and at the same time money of the plaintiff was returned on flimsy grounds. Thereafter, defendant No. 1 floated scheme No. 2 in 1986 and plaintiff deposited a sum of Rs. 28,000/- in January and May 1987 for allotment of plot. No intimation of any kind was given to the plaintiff, whereas allotment of plots was made to other persons. Defendant No. 1-Society issued letter No. 308 dated 27.3.1999 to the plaintiff calling upon him to pay a sum of Rs. 34,038/- i.e. Rs. 12,500/- being overdue amount and Rs. 21,538/- being interest thereupon. A sum of Rs. 12,500/- was paid by the plaintiff vide cheque No. 788323 dated 12.4.1999 directly in the account of defendant No. 1-Society. It has been alleged that interest of Rs. 21,538/- is not payable by the plaintiff because defendant No. 1-Society had been utilizing Rs. 28,000/- of the plaintiff since 1987 and no intimation or notice was ever given to the plaintiff regarding payment of installment. Had defendant No. 1 demanded second installment, plaintiff would have certainly deposited the same. Hence, defendant No. 1-society have not right, title or authority to charge interest on the said amount. Even otherwise no plot has yet been allotted and no possession was given to the plaintiff. It was alleged that there was no provision for interest on amount of installment till the plot was allotted. Plaintiff also alleged that plots have been allotted by defendant No. 1-Society to one Salu Jain, Jiwana Lata, Suresh Kumar and other persons who were given membership at Sr.No. 587 to 591 and said persons have deposited amount without any interest on installments, whereas plaintiff has deposited a sum of Rs. 1,75,500/- till now but not allotment of plot was given to him. Defendant No. 1 - Society approached defendant No. 2 for recovery of arrears from plaintiff and defendants were bent upon to cancel allotment/membership of the plaintiff at the instance of defendant No. 1-Society. Plaintiff has challenged the notice dated 16.2.2004 on the grounds that the same violates principles of natural justice and the same should be declared null and void. Hence the suit.

(3.) On filing of suit, defendant No. 1 appeared and filed written statement taking preliminary objections regarding maintainability of the suit. It was alleged that plaintiff was having no locus standi or cause of action to file the present suit. Defendants have acted in accordance with law and as per provisions of Haryana Co-operative Societies Act. Defendant No. 1 applied to defendant No. 2 for recovery of outstanding amount, upon which plaintiff was summoned by defendant No. 2 and was given opportunity of hearing but no objection was raised by plaintiff before defendant No. 2 and he filed the present suit. It was alleged that plaintiff became member of scheme No. 1 of defendant No. 1-Society in 1982 and deposited a sum of Rs. 8,000/- but later on expressed his inability to pay further installments and applied for refund of amount. His amount was refunded. Thereafter plaintiff again requested for membership of scheme No. 2, which was declined on 12.11.2001. The said fact was not disclosed by the plaintiff in the present suit. It was denied that plot have been allotted by defendant No. 1 to close associates/office bearers of the society. It was admitted that scheme No. 2 was started in the year 1986 and plaintiff deposited a sum of Rs. 28,000/-. Subsequently, vide UPC notice dated 1.5.1989 a sum of Rs. 12,500/-was demanded from plaintiff alongwith other members of the society and the last date for depositing the said amount was extended uptill 5.9.1989. Defaulters were asked to deposit the same alongwith 18% interest as per resolution, rules and regulations of defendant No. 1-Society. The demanded payment was not paid by the plaintiff intentionally because land covered by scheme No. 2 was acquired by State Government. Plaintiff was called upon to deposit a sum of Rs. 34,038/- vide letter No. 308 dated 27.3.1999. It was admitted that sum of Rs. 12,500/- was deposited vide cheque No. 788323 dated 12.4.1999 but amount of Rs. 22,944/- being balance outstanding amount was adjusted against interest. It was alleged that plaintiff was liable to pay interest on initial amount of installment of Rs. 12,500 and outstanding amount of plaintiff as on 30.9.2003 was Rs. 48,800/-. It was alleged that members having Sr. No. 587 to 591 were allowed to make payments without interest by the general body. It was also alleged that development work at site of scheme No. 2 was under progress and plots were to be allotted to all the members without any discrimination.