order of Dy Registrar of co-operative societies on common areas

IN THE COURT OF DEPUTY REGISTRAR (ARBITRATION) OFFICE OF THE REGISTRAR COOPERATIVE SOCIETIES GOVT. OF NCT OF DELHI, OLD COURT BUILDING, PARLIAMENT STREET, NEW DELHI-110001

ARB Case No.89/GH/DR/ARB/2015-16/1914                  Dated: 19-01-16

IN THE MATTER OF

Capt. B.K.Yadav

S/o Late Shri R. R. Yadav

Flat No. 452, Khosla CGHS Ltd.

Plot No. 16, Sector – 05,

Dwarka, New Delhi.

Claimant

VERSUS

  1. Khosla CGHS Ltd.

Plot No. 16, Sector – 05,

Dwarka, New Delhi – 75

 

  1. Shri Sanjay Singhal (President)

Khosla CGHS Ltd.

Plot No. 16, Sector – 05,

Dwarka, New Delhi

 

  1. Shri V. Satish ( Secretary)

Khosla CGHS Ltd.

Plot No. 16, Sector- 05,

Dwarka, New Delhi

Respondents

 

ORDER UNDER SECTION 70 OF DCS ACT, 2003.

The present petition has been filed under Section 70 of Delhi Cooperative Societies Act, 2003 by the claimant against the respondents praying for directing the respondents to withdraw the illegal resolution/ Notice and stop putting up of gate and locks in the interest of social justice as per the Delhi Cooperative Societies Act and rules.

All parties were issued notice for 13.10.15. Shri Ajay Solanki, Ld. Advocate appeared on behalf of claimant and Shri S. Mohan Ld. Advocated appeared on behalf of the respondents. Written submission filed by the respondent and rejoinder filed by the claimant. The proceedings were concluded after hearing the arguments of all the parties on 05.01.16.

Brief Facts

That the Petitioner is the member of the Khosla Co-operative Group Housing Society and the respondents deliberately issued a legal Notice dated 08.07.2015 through advocate and the same was replied by petitioner of 16.07.2015. But after receipt of the detailed reply sent by petitioner to Respondents, the respondents have not given any intimation or information to petitioner of the said reply and not considered the objections raised by petitioner till date, in which everything was clearly replied by petitioner. That in spite of giving any reply or personal hearing to petitioner, Respondents have maliciously taken a decision and published a Public Notice dated 18.08.2015 and passed the following resolution:-

“In view of the malafied intentions of few of the flat owners (whose adjacent floors/terraces are vacant) to grab/construct unauthorized structure and utilization of the vacant space of the society by putting personal gates, grills, awning etc. and putting their personal belongings etc. to which there is strong objections and displeasure of the all the other members of the society.”

It has been decided by the respondents to put iron gates on all the common space of all the blocks to restrict the entry of all the residents to the vacant common area which is sole property of the members of the respondent society members. The keys of all above locks shall remain with the Respondent Society management committee.

That the minutes of meeting described in the said resolution have been passed by Respondent Society intentionally and deliberately with malafide intentions stemming out of jealousness and in a selective manner in order to harass, torture the petitioner mentally, physically and financially which is illegal and unlawful and against the fundamental rights of the petitioners.

That petitioner flat being the top floor is subjected to direct sunlight and in hot summer months the entire flat/premises become extremely hot and unbearable besides during the rainy season the walls of the flat and adjacent common spaces are exposed to direct rain hence to protect the structure has only erected temporary awning for protection from natural elements like direct sunlight. That the claim is covered under Section 70 and 71 of the Delhi Co-operative Societies Act and the dispute also exists between both the parties and is within the period of limitation, the dispute is referable under Section 71 of the Act for proper adjudication.

In their reply, the respondents holds that the petition of the petitioner is misconceived, false, frivolous and is an abuse of process of law. The petition requires out right dismissal as there is no substance in the allegation contained in the entire Claim petition. It is submitted that the petitioner have violated the by-laws and other rule of the DCS Act, 2003 by indulging into raising of illegal and unauthorized construction in their flat and when the respondent no.1 asked the petitioners to remove their illegal and unauthorized construction, the petitioner have preferred this present false and frivolous claim petition against the Respondents on false and frivolous facts. That the claim petition is not maintainable and liable to be dismissed. While installing the gate on the common area of the Respondent no. 1 society, petitioner picked up quarrel and even threatened the members of the MC of the Respondent with dire consequences. The focus of the learned counsel representing the petitioner that the minutes of the meeting dated 18.08.2015 were passed by the respondents intentionally and deliberately with malafide intention. The petitioner never made any unauthorized construction at any stage and the petitioner also never violated the Bye- Laws norms of the society and DCS Act and Rules. The contention of the learned counsel is that the complaint dated 5.3.15 for removal for encroachment on terrace signed by 36 residents of the society is forged and respondents are liable to be punished accordance with law.

On-going through the petition, reply, rejoinder and arguments of both the parties, I am of the considered view that there exist a dispute between the claimant and respondent that touches the constitution, management and business of the society and is therefore covered under the ambit of section 70 of DCS Act 2003 and is not barred on the ground of limitation. The petition is being admitted and referred for adjudication u/s 71 of DCS Act 2003. The claimant is hereby directed to deposit the arbitration fee of Rs.2000/- within 15 days from the receipt of this order. The fee receipt of the same should be submitted in the arbitration branch of this office failing which case shall be dismissed in default.

Given under my hand and seal on this 8th day of January, 2016

 

(G. S. AGGARWAL)

Deputy Registrar

IN CASE OF QUERY OR ASSISTANCE REQUIRED, LEAVE A REPLY BELOW

 

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