ANIL KUMAR Vs. CHANDIGARH SECTOR 21 UNIVERSAL COOPERATIVE HOUSE BUILDING FIRST SOCIETY LTD AND ORS
LAWS(UTRCDRC)-2014-7-3
UNION TERRITORY STATE CONSUMER DISPUTE REDRESSAL COMMISSION
Decided on July 14,2014

ANIL KUMAR Appellant
VERSUS
Chandigarh Sector 21 Universal Cooperative House Building First Society Ltd And Ors Respondents


Referred Judgements :-

ASSOCIATED CONSTRUCTION VS. PAWANHANS HELICOPTERS PVT LTD [REFERRED TO]
SEEMA VS. ROHIN SACHDEVA [REFERRED TO]


JUDGEMENT

- (1.)THE aforesaid 14 appeals, are directed against the common majority order dated 28.02.2014, rendered by the District Consumer Disputes Redressal Forum -II, U.T., Chandigarh (hereinafter to be called as the District Forum only), vide which, it dismissed, as many as 15 Consumer Complaints, filed by the complainants (14 of which are now the appellants).
(2.)ONE Member of the District Forum, recorded the dissenting order dated 06.03.2014.
(3.)SINCE the common questions of law and facts are involved, in all these appeals, the facts are being culled out from Consumer Complaint No.475 of 2010, titled as Anil Kumar Versus The Chandigarh Sector 21 Universal Cooperative House Building First Society Limited and others.
In the year 1991, the Chandigarh Administration floated a Scheme called "Chandigarh Allotment of Land to Cooperative House Building Societies Scheme, 1991", to promote private housing and optimum utilization of land, by constructing multi -storeyed structures. As such, a number of Societies came into existence, including The Chandigarh Sector 21 Universal Cooperative House Building First Society Limited i.e. Opposite Party No.1 (for short hereinafter to be referred as Opposite Party No.1 Society only). Opposite Party No.1 Society was allotted land, in the year 2001, by Chandigarh Administration, for a consolidated amount of about 4 crores. Originally, there were about 186 members, in the said Society, who deposited the initial amount of earnest money. Later on, about 121 members of Opposite Party No.1 Society, surrendered their membership, for various reasons. Since, the construction was to be completed within the stipulated period, for which money was required, the Managing Committee of Opposite Party No.1 Society, thought it proper to fill up the vacancies of the old members, who surrendered their membership, and, as such, an advertisement Annexure C -1, was published, in the daily English Tribune (Chandigarh Edition) dated 16.01.2003, contents whereof read as under: - "The Society intends to substitute a few members for allotment of house/flat in its ongoing housing project in sector 48 B, Chandigarh against the members who have surrendered their entitlement from owning the house/flat of the society. The persons of public who are willing to own house/flat of the society by way of substitutions on first come first serve basis may contact the office personally for completion of related formalities within 7 days of publication of this notice

President".



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