- (1.) The issues in both the petitions are same and the facts more or less similar, they are therefore being disposed of by this common judgment. The challenge in both these petitions is to the letter of the Registrar of Cooperative Societies (RCS) dated 21.9.2006 which reads as under: ...[VERNACULAR TEXT OMITTED]...
(2.) Rule 24 (2) of the Delhi Cooperative Societies Rules, 1973 (hereinafter referred to as the said Rules?) reads as under: "24(2) In case of vacancy in a housing society including group housing society the same shall be filled by the committee by notifying it in leading daily newspaper of Delhi in Hindi and English. In case the number of applications are more than the notified vacancies the membership shall be finalized through draw of lot in the presence of authorized representative of the Registrar."
(3.) By the impugned letter, the request of respondent No.2 society for enrolling of the petitioners as members was rejected on the ground of violation of Rule 24(2) because the petitioners were enrolled as members through inviting of bids for the flats by the respondent No.2 society when as per Rule 24(2) in case of vacancy arising in a cooperative society, then, such vacancies have to be filled pursuant to advertisement in the newspaper and transfer of the flat is at the rates fixed by the Delhi Co-op. Societies Act, 1972 and the said Rules, and not at market rates. In case, the number of applications are more than number of flats, then, the flats have to be allotted by draw of lots, but, it is not permissible for a society to sell the flats at market value including through auction of flats on bids being invited for the same. The cost to be recovered after allotment of plots by draw of lots is in terms of Rule 36 A which reads as under: "36A. Penalty for Belated Payment or Equalisation Charges for New Membership on Enrolment at the Advanced Stage of Construction, and Payment of Interest to a Member who has Resigned his Membership in a Group Housing Co-operative Society 1. In case of default in payment of demand in cooperative group housing society by the members, equalisation charges on enrolment as a member against vacancy and payment of interest on resignation by member, the maximum rate of interest charges shall be as under, which shall be approved by a resolution of the general body of the society: (a) For default of payment of instalment upto six months-@ 12% per annum. (b) For default of payment of instalment upto one year-@ 15% per annum. (c) For default of payment of instalment for more than one year-@18% per annum. (d) Equalisation charges/interest to be charged from the member enrolled at the advance stage of construction-@24% per annum. (e) Interest to be paid by a group housing society to a resigned/expelled member on the amount deposited after deducting the administrative expenditure incurred by the society-@ 7% per annum. 2. The Registrar shall be competent to review the above rates periodically.";