SURINDER KUMAR Vs. UNION TERRORORY CHANDIGARH

JUDGEMENT

(1.) The petitioner was enrolled as a member of the Silverton Co-op. House Building Society Ltd. on December 15, 1987. He was allotted membership No. 345. The main object of the Society was to construct and manage residential accommodation for its members. The Society applied for the allotment of land to the Chandigarh Administration. When the needful was not done, it filed C.W.P. No. 1454 of 1992. The petition was admitted vide order dated May, 11. 1992. Certain interim directions were also given. It was inter alia directed that the petitioner shall deposit 10% of the tentative price within the time permitted by the Court.

(2.) In pursuance to the interim directions given by the Court the Society called upon the eligible members including the petitioner to make the deposit. The petitioner deposited an amount of Rs. 12,200/- The Draft submitted by the petitioner to the Society was forwarded to the Estate Officer, Union Territory Chandigarh. Subsequently, the petitioner was, informed that this Draft had been returned by the Estate Officer with the direction that the deposit be made with the Chandigarh Housing Board.

(3.) After the lapse of about seven years the Housing Board called upon the Society to deposit 25% of the earnest money towards the cost of the land. A copy of this letter has been produced on the record as Annexure P-9. A perusal of this letter shows that the deposit had to be made along with the affidavits and other documents