S. Chandrashekhar, J. - (1.) SEEKING a direction upon the respondent No. 4 for payment of Rs. 4,76,680/along with interest @ 18 % per annum on account of dues payable for the residential Flat No. H -4 situated at 1st floor of H -Block in Geetanjali Complex, Kadma, Jamshedpur and a further prayer upon the respondent Nos. 2 & 3 to take appropriate legal action against the respondent No. 4 under the provision of Bihar Self Supporting Co -operative Societies Act, 1996, the present writ petition has been filed.
(2.) THE brief facts of the case shorn of unnecessary details are thus: The petitioner Neelanchal Griha Nirman Swabalambi Sahakari Samity Limited is registered as a co -operative society under the Bihar Self Supporting Co -operative Societies Act, 1996. The respondent No. 4 was admitted as a member of the petitioner -society. The petitioner -society which had acquired land at Kadma for constructing the residential flats, required its members to provide the cost fixed by the petitioner -society for allotting flats to the members. Vide letter dated 24.05.2007, the respondent No. 4 was confirmed as an allottee of a flat. The respondent No. 4 vide letter dated 28.05.2007 expressed his willingness to take flat along with Car Parking space. Accordingly, an agreement for sale was executed between the petitioner -society and the respondent No. 4 on 07.05.2008 for total consideration of Rs. 17,87,000/ -. The residential flats so allotted to the respondent No. 4 was admeasuring about 1300 Sq. feet however, after construction when the measurement was taken it was found that it covered an area of 1412 Sq feet and accordingly, vide order dated 25.03.2010, the respondent No. 4 was asked to make payment of additional amount of Rs. 85,680/ -. It is stated that the respondent No. 4 is to paid an amount of Rs. 4,76,680/ - to the petitioner -society including an increased amount of Rs. 85,680/ - however, he did not pay the same. On 13.02.2011 the matter was discussed in the General Body of the petitioner -Society and a resolution was passed to grant another 15 days to the respondent No. 4 for making payment however, the respondent No. 4 intentionally did not received letter dated 23.02.2011 nor did he pay balance amount to the petitioner -society. Subsequently, on 07.08.2011 it was resolved that one more opportunity may be granted to him and a legal notice dated 13.08.2012 was sent to the respondent No. 4 accompanied by reminders. Heard the learned counsel for the parties and perused the documents on record.
(3.) THE learned counsel appearing for the petitioner has submitted that since a dispute has arisen and is still subsisting between a member of the society and the society and therefore, the dispute has to be adjudicated by Co -operative Tribunal. Since in the State of Jharkhand, no Co -operative Tribunal is functioning, the petitioner has approached this Court by filing the present writ petition. It is further submitted that as the dispute between the petitioner -society and the respondent No. 4 would be in connection with or incidental to dispute which touches upon the constitution, management or business of a Co -operative Society as provided under Section 40(b), the dispute has to be adjudicated upon by the Co -operative Tribunal. It is further submitted that in terms of provision under Section 41 of the Bihar Self Supporting Co -operative Societies Act, 1996, the Co -operative Tribunal alone has been given power to order recovery and since under Section 50 of the Act, jurisdiction of all Civil and Revenue Courts is barred, the dispute can be adjudicated by the Co -operative Tribunal alone. The learned counsel for the petitioner has referred to provision under Section 52 of the Act to contend that since, the Co -operative Tribunal is not functioning in the State of Jharkhand it was for the State Government to provide an alternative forum or to clarify matter in terms of Section 52 of the Act.;