Decided on July 14,2014

ANIL KUMAR Appellant
Universal Cooperative House Building First Society Ltd. Respondents


Sham Sunder, J. (President) - (1.) THE aforesaid 14 appeals, are directed against the common majority order dated 28.2.2014, 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). One Member of the District Forum, recorded the dissenting order dated 6.3.2014.
(2.) 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 v. 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 multistoreyed 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 16.1.2003, 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 48B, 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."
(3.) IT was stated that Sh. Anil Kumar, complainant, in one of the complaints, became member of opposite party No. 1 Society, after reading the above -extracted advertisement Annexure C -l, and paid a sum of Rs. 110, as membership fees, vide receipt No. 1414 dated 16.1.2003, Annexure C -2. Share Certificate No. 136 Annexure C -3, was duly issued, in favour of Sh. Anil Kumar, on 30.1.2003, by opposite party No. 1 Society. According to Sh. Anil Kumar, complainant, he received letter Annexure C -4, wherein it was mentioned that the total cost of Category "A" flat would be Rs. 8 lacs. He was asked to deposit the said amount, as per the schedule mentioned, in the said letter. It was further stated that the complainant namely Anil Kumar, paid a sum of Rs. 11,04,990, in instalments, vide various receipts, details of which are given in Annexure C -5, against the total cost of the said flat. According to Sh. Anil Kumar, complainant, the time period for the completion of construction of flat, was 18 months. Vide letter dated 5.1.2003 Annexure C -7 (doubly marked), the President of opposite party No. 1 Society, gave details of work to be completed by it (Society), within the stipulated period of Mr. Anil Kumar, complainant becoming a member of the same (Society).;

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