GOEL S PAL Vs. RISHI COOP GROUP HOUSING SOCIETY LTD

JUDGEMENT

(1.) This appeal arises out of a common order of District Forum-I disposing of Case No.1913/ 1994, Goel S. Pal V/s. Rishi Co-operative Group Housing Society Ltd. and Others and Case No.1912/1994, Smt. Rita Goel V/s. Rishi Co-operative Group Housing Society Ltd. and Others. The main order was recorded in the case of the Goel S. Pal and as both cases arise out of identical facts, we propose to dispose of both the appeals by a common order.

(2.) Brief facts leading to these appeals are that Mr. Goel S. Pal and his wife Smt. Rita Goel hereinafter referred to as the complainants were members of Rishi Co-operative Group Housing Society Ltd. They were expelled from membership of the Society by order of the then Administrator dated 6.1.1988 on account of persistent default in payment of the dues of the Society. The order of expulsion was duly approved by Registrar, Co- operative Societies. In the appeal before the Lt. Governor of Delhi, the complainants were granted time to square up the dues of the Societies within two months from the date of the order with interest @ 18% per annum but the complainants failed to comply with the same and the order of expulsion became final. The complainants filed Writ Petitions in Delhi High Court which was disposed of by a Division Bench by order dated 8.2.1994.

(3.) The case of the appellant is that whereas the Society was required to refund Rs.67,541.15 besides interest @ 24% per annum, the amount actually refunded was Rs.61,744.42 leaving the balance amount unpaid, according to the direction of the High Court. The case of the Society, on the other hand, is that in compliance with the orders of the High Court, the amount due was refunded by cheque dated 5.3.1994 drawn on the Punjab National Bank and the order of the High Court duly complied with.