Execution of Award of Arbitrator relating to CGHS

 

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The Award: When a dispute arises under Section 70 of the DCS Act, 2003 and the Dy Registrar adjudges that the dispute is required to adjudicated by an independent Arbitrator as it is belonging to a legal point and not an administrative point; the Registrar of Co-operative Society appoints a Arbitrator Under Section 71 of the DCS Act, 2003, from the panel of Arbitrators maintained by it. The Arbitrator conducts the proceedings under the Arbitration & Conciliation Act, 1996 and gives its Award in about 90 days. This Award is equivalent of a Court Decree.

Execution of Award: The parties to the Award may execute the award as is required under the award but in case any party do not execute the award, it is liable to be proceeded against, by the beneficiary of the Award. The Award is required to be executed as prescribed in the Award and by the Party directed to do the act in the Award itself.

If Award is not executed: If the Award of the Arbitrator is not executed; the aggrieved party has to file an application to execute the award to the Registrar of co-operative Societies Under Section 105 of the DCS Act, 2003.

If a party don’t want to execute: If any party to the Award do not want to execute the award for any reasons, it has to file an Appeal before the Co-operative Tribunal within 90 days from the date of Award, else the defaulting party will be liable to be proceeded against it by the Beneficiary of the Award, for Contempt of Court.

Filing of contempt petition: The Beneficiary of the Award can file Contempt of Court petition before the Registrar of co-operative Societies, if the directed party / parties do not execute the Award. Very serious punishment may be awarded by the Registrar as per the DCS Act, 2003.

WHOM TO APPROACH IN CASE OF ANY PROBLEM

Any aggrieved party can approach this NGO for redressal of their grievances, which the NGO may publish in this web site and shall assist the aggrieved party to ensure that the justice is done. The legal Experts of the NGO are always ready to help you.

4 Comments

  • Rajkumar says:

    Hello sir,

    I have a shop, it has water leakage from toilet of upper flat. I have been constantly approaching through letters to society and upper flat owner to get it repaired. Neither society is interested nor the flat owner. Instead secretary is arguing and making excuses to get away from this. I am helpless to do business in such unfavourable conditions. Please advise..
    Thank you

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  • Nikhil says:

    Can contempt of order of RCS office be filed strarightaway without filing application for execution of the order ? IF yes, which provision of DCS Act or rule refer to it ?

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  • ankur sharma says:

    hello ji
    we have dispute against office bearers cooperative society on matter of highly inflated maintenance charges,property taxes,ground rent,electricity bills etc (almost 4~10times of actual).
    society filed case against us under section 70 which was referred to arbitration court under section 71 in where office bearers demanded Rs. 10 Lac due in claim petition, which was challenged by us. We shown actual bill of property tax issued by mcd which was Rs.2500 while office bearers demanded Rs.10,000 etc. Arbirator passed award to that principal amount claimed by society is not fairly counted, hence waived off interests and shunned his responsibility by stating that office bearers should recalculate the claimed amount and we too should approach to consumer court for deficiency of services because office bearers had disconnected our water supply, generator, intercom,etc services to since last 10 years.

    This award was challenged into tribunal court through appeal under section 112. DCT JUDGES set aside the award and remand to new arbitrator and ordered that the claim amount should be fairly to counted as defendant is demanding only fair assessment.

    No judge take action against corrupt office bearers

    Please tell us remedy.

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  • Advocateji says:

    Dear Ankur Sharma ji, The best remedy is that, if you want to punish corrupt office bearers and also fight out this case, you need to get in touch with any suitable Advocate or our Advocate experienced in all the three fields i.e. Criminal, Civil and Consumer.

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