D B MASIH Vs. REGISTRAR COOPERATIVE SOCIETY
HIGH COURT OF DELHI
REGISTRAR COOPERATIVE SOCIETY
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Mukul Mudgal, J. -
(2.) With the consent of the learned counsel for the parties, the Writ Petition is taken up for final hearing.
(3.) The case set up by the Petitioner is as under:-
(a) The petitioner acquired membership of the respondent society on 16.02.2000 for a two bed room apartment. He was charged a premium of Rs. 1,00,000/-, which was paid in two equal installments of Rs. 50,000/- each. A total of Rs. 8,10,000/- including the amount of premium was paid partly in cash and partly by way of cheque.
(b) Later, the respondent increased the amount of the apartment by around 50% without any tangible progress in the construction work. In view of the above conduct of the respondents, the petitioner resigned from the membership of the respondent society on 30.07.2001 and requested for release of the money so paid. The respondents, however, after dilly-dallying the matter only made part payment. Petitioner was telephonically informed by the respondent No. 3 that the amount of premium that is Rs. 1,00,000/- has been credited to the personal account of the Respondent No. 4, without any explanation for the same.
(c) Till May 2003, a total amount of Rs. 7,09,990/- was refunded against the total amount of Rs. 8,10,000/- made by the Petitioner.
(d) The petitioner sent a legal notice dated 14.02.2005 reminding and demanding Rs. 1,01,100/- along with interest thereon, which was not replied to by the respondent. Aggrieved by the inaction on the part of the respondent as also the apprehension of misappropriation of the money by the respondents the petitioner approached this Hon'ble Court. It is not in dispute that the balance sum of Rs. 1 lakh was enjoyed by the Respondent No. 4 for a period of nine months.;
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