NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI REVISION PETITION NO. 2513 OF 2002 (From the order dated 12.11.2001 in Appeal No.2815/01 of the State Commission, Haryana) Haryana Officers Co-op. Group Housing Society Ltd. Petitioner Vs. Sant Prakash Respondent BEFORE: HONBLE MR. JUSTICE D.P. WADHWA, PRESIDENT MRS. RAJYALAKSHMI RAO, MEMBER. MR. B.K. TAIMNI, MEMBER. HONBLE MR. JUSTICE K.S. GUPTA, MEMBER Co-operative society admission of new member in place vacated by original member right of society to claim amount and interest @ 20% on the amounts demanded from time to time from the original members upheld petition allowed. For the petitioner : Mr. Kanwar Chaudhary, Advocate For the respondents : Mr. Ashok Pathania, Advocate O R D E R
DATED THE 9TH
MAY, 2003
JUSTICE
D.P. WADHWA, J.(PRESIDENT).
Petitioner
is a Co-operative Group Housing Society at Panchkula in the State of Haryana
which is a registered Society. It is
engaged in the development of plots for its Members.
On
26.7.1995 provisional membership was given to the respondent complainant on his
paying Rs.10,000/-. On 9.2.1999, he was
admitted to regular membership by paying Rs.50,000/-. This letter dated
9.2.1999 from the Petitioner we reproduce in full :-
Haryana Officers
Co-operative Group Housing Society
(Ploy No.GH-2,
Sector-5, Mansa Devi Complex, Panchkula)
President
Shri R.S. Verma, IAS
No.HOCHS-99/989
Dated 9.2.1999
To,
Shri Sant Parkash,HCS
Chief Judicial magistrate,
Chandigarh.
Subject
: Membership of the society.
Sir,
I am pleased to inform you
that the Managing Committee of the Society in its meeting held on 31st
January, 1999 has decided to grant you regular membership subject to the following
conditions :
(i)
that you are to furnish an affidavit as per the
format enclosed ;
(ii)
that you are to
pay Rs.50,000/- to the society within a week
of this letter in token of your willingness to
become a regular member of the
society against vacancy ;
(iii)
that you are to pay the full
amount as demanded by the Society from time to time from other members
alongwith 20% interest from the date of each instalment, upto 31.3.1999. So far the Society has taken Rs.6.00 lacs
from each member on different dates and the next instalment of Rs.75,000/- is
due on 1st March, 1999. The
interest @ 20% from various dates comes out of Rs.2.30 lacs upto 31.12.1998.
In case you are interested
for regular membership against vacancy, you are requested to send Rs.50,000/-
alongwith the requisite affidavit as mentioned above within a week. Similarly you have to pay Rs.6.25 lacs
representing principle and interest @ 20% latest by 31st March, 1999
failing which the order for membership would be given to the next person on the
waiting list.
Yours faithfully,
for Haryana Officers Co-op. Gr. Housing Society
Sd/-
Secretary
In
terms of the requirement as contained in this letter, all payments were made by
the respondent. He, therefore, further
filed a complaint and his grievance is reflected in para-8 of the complaint
which we reproduce hereunder :-
8. That
the petitioner has now come to know that total amount of instalments is Rs.9.75
lacs only, but the petitioner has been charged interest @ 20% w.e.f. 1.8.1995
i.e. penalty on account of default committed
by the previous member.
Complainant, therefore, prayed that
petitioner Society be directed to refund the entire amount of interest/penalty
charged from him. He also prayed for a
sum of Rs.50,000/- as costs and compensation on account of harassment and loss
suffered by him. In written version
filed by the petitioner society, it is stated that no extra amount has been
charged and whatever amount has been received from the complainant was in terms
of letter dated 9.2.1999. District
Forum, however, allowed the complaint and directed as under :-
In
the result, the instant complaint stands allowed and the OP is hereby directed
:
a) To refund the entire amount of Rs.3,20,000/- wrongly
charged as interest/penalty w.e.f. 1.8.1995 to 9.2.1999.
b) Also pay a sum of Rs.10,000/- for mental agony and
harassment; and
c) To further pay Rs.1000/- as costs of proceedings.
Let
the order be complied with within a period of one month from today. File be consigned.
Appeal against order dated 21.5.2001
of the District forum was filed before the State Commission by the petitioner
Society. It being Appeal No.2815 of
2001. By order dated 12.11.2001 appeal
was dismissed with a small modification that the compensation was reduced from
Rs.10,000/- to Rs.200/-. We think the
case before the District Forum proceeded on a whole wrong premise. It was not correct on the part of the
complainant to contend that he should be charged interest only after he became
full member of the society. Here he is to be put on the same pedestal
like any original member and he has to pay the amount which the original member
had paid and that amount he has to pay with interest @ 20%. There cannot be any other interpretation
which could be put on the letter dated 9.2.99 terms of which were accepted by
the complainant. He would have been
put in the slot vacated by earlier member and as late comer complainant could
not claim any superior right. He could
not turn back and contend that he has been wrongly charged interest as interest
by way of penalty. The approach of the
District Forum and State Commission resulted in mis-carriage of justice. In our view, these orders cannot stand. These are set aside and the complaint is
dismissed with costs which is assessed at Rs.5,000/-.
J
(D.P. WADHWA)
PRESIDENT
..
(RAJYALAKSHMI RAO)
MEMBER
.
(B.K. TAIMNI)
MEMBER
.J
(K.S. GUPTA)
MEMBER