BALDEV RAJ SHARMA Vs. REGISTRAR,CO-OPERATIVE SOCIETIES

JUDGEMENT

(1.) Petitioners are the members of Milkfed Employees Cooperative House Building (Ist) Society Ltd. They have approached this court to impugn the order dated 25.5.2012 (Annexure P-30) passed by Advisor to the Administrative U.T. Chandigarh and order dated 7.2.2011 (Annexure P-28) passed by the Joint Registrar, Cooperative Societies, U.T. Chandigarh, whereby demand of the society to charge different amount from ground floor allottees for transmission to top floor allottees was set-aside being unwarranted. The Society was allotted land for construction of 51 dwelling units for its eligible members. A meeting of the Executive Members of the Society was held on 23.1.2005 and decision was also taken to conduct the Annual General Body meeting on 20.2.2005. On 31.1.2005, notice was given by the Executive Committee to all the members for Annual General Body meeting, which was to be held on 20.2.2005. Intimation in this regard was sent to the Registrar, Cooperative Societies, U.T. Chandigarh. On 20.2.2005, 28 members out of total 51 members were present. A supplementary agenda about the floor-wise price difference of the flats in category 'A' and 'B' was stated to be listed at Sr. No. 9-B. This was discussed and approved to the effect that the ground floor allottees would pay Rs. 50,000/- and first floor allottees Rs. 30,000/- over and above the actual cost. On 25.6.2005, election to the Managing Committee of the society was held and 7 members were elected.

(2.) Meeting of the newly elected Executive Committee was held on 4.7.2005. The proceedings of the general body meeting were confirmed on 31.7.2005. On 18.12.2005, the Executive Committee decided to apply for draw of flats to the Registrar. On 23.12.2005 directions were issued to the society for conducting draw of lots on 14.1.2006. The notice was circulated to the members regarding the draw of lots to be held on 14.1.2006. On 2.1.2006, Executive Committee decided to call a General Body meeting before draw of flats for price difference in floor wise.

(3.) On 14.1.2006 Annual General Meeting was conducted, in which 27 members out of 51 were present and by majority of vote passed resolution to charge Rs. 1.00 lacs from 'A' category of ground floor for transferring the same to the top floor of the same category in equal and Rs. 75,000/- from 'B' category of ground floor, which was to be equally distributed to the top floor category 'B' and likewise Rs. 50,000/- from 'C category. The Registrar, however, on 7.8.2006 declared the meeting of 20.2.2005 as invalid because there was no intimation of the meeting in the office of Registrar. It is also observed that the meeting on 14.1.2006 was held for holding a draw of plots and there was no agenda for charging extra amount from the ground/first floor allottees for onwards transferring the amount to top floor allottees. The Registrar, accordingly, advised the Committee to call a fresh general body meeting with proper circulation of agenda. The President then sought approval of the Registrar for conducting general body meeting, who granted permission to hold the said meeting on 14.1.2007. It is stated that the order dated 10.1.2007 would show that the floor-wise price difference was approved in Annual General Meeting held on 14.1.2006. The President gave notice to all ground floor allottees to deposit the price difference. A public notice for this purpose has also been issued on 11.3.2007. The General Secretary of the society informed Registrar on 12.3.2007 about the non-deposit of floor wise price difference. Another notice was issued on 23.3.2007 followed by yet another notice on 2.4.2007. Even the Inspector (Audit) Grade-1 was detailed by the Registrar, who submitted a report that the decision regarding floor-wise price difference was approved by majority in the Annual General Body meeting held on 14.1.2007.