TALAGANG COOPERATIVE G/H LTD Vs. VANDANA SHARMA

JUDGEMENT

(1.) HEARD arguments of the Learned Counsel for the Petitioner. He assailed the judgment of the State Commission on three grounds: (a) The Respondent is not a consumer, (b) The complaint is time -barred and (c) The Consumer Fora have no jurisdiction to entertain this complaint.

(2.) IN this case Rs. 1,00,000 as equalization fee was paid by one Mr. Ramesh Chand who had given a power of attorney to the Respondent Smt. Vandana Sharma while selling the flat. Mr. Ramesh Chand was a member of the Talagang Co -operative Housing Society. It is the submission of the Learned Counsel for the Petitioner that equalization fee charged rightly or wrongly cannot be come within the purview of the Consumer Court as the society has every right to charge such fees.

(3.) WHEN a purchaser steps into the shoes of the seller he or she will automatically become the member of the society and to mitigate the hardships of thousands of members of the cooperative housing societies who are denied membership and denied justice Delhi Government thought it fit to repeal this Act in toto and come out with a fresh Act.