CHAND RAM Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) The petitioner has filed this petition under Articles 226/227 of the Constitution of India for quashing the letter dated 18.10.2000, issued by the Managing Director, HUDA Urban Estate Town and Country Planning Employees Welfare Organisation (hereinafter referred to as 'HEWO') and the order dated 20.6.2008, passed by the Chairman, HEWO.

(2.) The petitioner is an Ex-employee of the Haryana Urban Development Authority. The employees of the HUDA as well as the Urban Estate Town and Country Planning framed HEWO, which was duly registered under the provisions of the Haryana Cooperative Societies Act, 1984. The said Organisation i.e. HEWO framed a scheme for allotment of utility flats at Gurgaon. The petitioner was enrolled as member in HEWO against membership No. 1910. The tentative construction cost of the flat was fixed at Rs. 3,82,080/-, which was to be paid by the members in instalments. As per the rules, in case of default in payment of two consecutive instalments, HEWO has right to cancel the allotment and refund the principal amount, after deducting 10% of the deposited amount, without any interest.

(3.) Undisputedly, the petitioner did not deposit 4th to 11th instalments, amounting to Rs. 3,35,000/-, for which he was served several show cause notices from 1997 to 1999. When the petitioner did not deposit the outstanding dues, his membership was cancelled vide letter dated 2.4.1999. However, subsequently, on his request, the Governing Body of HEWO in its meeting held on 26.8.1999 gave him one more opportunity to deposit the outstanding dues after charging interest at the rate of 18%. In view of the said decision, vide letters dated 21.9.1999, 7.2.2000 and 29.3.2000, the petitioner was again asked to deposit the outstanding dues with interest, but neither any response was received from him nor he deposited any amount against the outstanding dues. Thereafter, his membership was cancelled vide letter dated 28.7.2000 and the amount already deposited by him was refunded vide cheque No. 722723 dated 10.7.2000. Again the Governing Body of HEWO in its meeting dated 27.9.2000 decided to restore the cancellation of flats of defaulters on deposit of outstanding dues along with penal interest @ 18% and additional penal interest @ 5% with effect from 1.5.2000 in one month time. In terms of the said decision, an opportunity was again afforded to the petitioner to return the cheque dated 10.7.2000 and deposit an amount of Rs. 6,52,855/- within one month, but the petitioner did not respond to the said offer and he did not make any payment. Instead of depositing the outstanding amount, he filed an appeal for restoration of his membership by charging Rs. 1,75,000/- as cost of flat after adjusting the amount deposited by him. The said appeal was dismissed and the decision was conveyed to the petitioner vide letter dated 8.3.2001. Thereafter, the petitioner again made an appeal on 19.9.2003 before the Chairman for condonation of delay in filing the appeal and for restoration of his membership by accepting an amount of Rs.1,75,000/-. The said appeal has also been dismissed by the Chairman vide order dated 20.6.2008, while observing as under :-