- (1.) The Appellants were enrolled as members of Respondent No. 1-Alaknanda Cooperative Group Housing Society Limited. They applied for 'A' type flats, which were being constructed by Respondent No. 1. They are said to have deposited the installments of price between 10.12.1995 and 15.12.2003. The details of the amounts deposited by the Appellants are as under:
(2.) By letters dated 9.2.2004, Respondent No. 1 returned the amount deposited by the Appellants and indirectly terminated their membership on the ground that they had failed to deposit the installments of first and second stage of construction as also the installment of the cost of land allotted by HUDA. For the sake of reference, the letter sent by Respondent No. 1 to Appellant-Virender Jain is reproduced below: THE ALAKNANDA COOP. GROUP HOUSEING SOCIETY GURGAON PLOT NO. GH-45, SECTOR-56, GURGAON-122002 Ref No. 7115 Regd. Date: 9.02.04 Mr. Virender Jain Sub: Refund of payment due to persistent default The following payments had been demanded by the Society from time to time (a) 1st construction inst. due on 15.07.03 Rs. 1,00,000/- (b) 2nd construction inst. due on 15.07.03 Rs. 1,00,000/- (c) Inst. of HUDA land cost due on 15.10.03 Rs. 42,000/- But, the above mentioned payments have not yet been received from you by the society inspite of reminders issued from time to time as indicated in our last office letter No. 6878-97 dt. 28.12.2003. Further, no communication/representation has been received from you. The matter was brought to the notice of the managing Committee. The managing Committee, in its meeting held on 11.01.04 has taken a very serious view of your noncompliance and non-response and presumed that you are not interested in the housing project of the Society. In view of the above, your contribution alongwith share money, as per details given below is sent herewith vide Ch. No. 331971 dated 01.02.04 for Rs. 1,82,350/- Less installment on dues of Rs. 84,000 of HUDA Land cost installment @ 15 % p.a. from January' 03 to January' 04 (3 months) (-) 13,650.00 1,82,350/-
(3.) The Appellants challenged the aforesaid action of Respondent No. 1 by filing complaints under Section 12 of the Consumer Protection Act, 1986 (for short, 'the Act') and prayed that Respondent No. 1 may be directed to restore their membership and issue necessary share certificates after receiving the balance cost. They further prayed for award of damages to the tune of Rs. 50,000/- in each case.;