A.V. Ashokan And Ors. vs The Registrar Of Cooperative ...
1990 Latest Caselaw 383 Del

JUDGMENT

B.N. Kirpal, J.

(1) Today we have had the occasion to consider the case afresh in the light of the material which has now been placed before us.

(2) We find that persons who paid the full amount after 1 5/12/1986 really fall in a single category and it will not be fair to treat them separately. Furthermore, we .find that some regard has also to be given to the seniority of the members. The Society had been registered a number of years ago and there are some very old members who had been waiting for allotment but unfortunately there was delay in making payment when the time paying the amount came. In drawing up the list of members who made the payment after 15/12/1986 we find that most of the money has been paid by the members within a period of two or three months. Merely because person who is at serial No. 1, for example, has paid money one week after aperson who became a member many years thereafter should not be a reason forgiving higher weightage to the date of payment. All members Who paid money after 15/12/1986 are defaulters. Therefore, the list of defaulters can be prepared on either of the two basis (1) according to the overall seniority, (2)according to the date of payment. Considering that persons have waited for a number of years and because the criteria of payment has been taken into consideration in preparing the list for Groups 'A' and 'B' i.e. those persons who have made full payment by 15/12/1986, we feel that the list of Group'C' should be prepared according to seniority of members. The effect of this would be that the list of Group 'C' will have to be reframed by the Administrator according to seniority and the date of payment will be disregarded. This we feel is more equitable than what we had ordered vide our order dated 30thApril, 1990 and 17/08/1990 and this would meet the ends of justice.Both the payment criteria and the seniority would have been taken into consideration in preparing the list.

(3) We, therefore, direct the Administrator to re-cast the list for Category 'C' and Category 'F' flats at Patpar Ganj in accordance with ourorders, namely, group 'A' will consist of old members who had paid 100% up to 15/12/1986, group 'B' will consist of new members who had paid100% by 15/12/1986 and group 'C' will consist of members who will be arrayed according to their seniority in the Society and as per their membership number.

(4) We are informed by the Administrator that the process of allotment of Patpar Ganj category 'C' flats has already commenced and we now direct the Administrator to start the process of allotment for Patparganj category "F' flats as well in the manner similar to that of allotment of category 'C' flats. The allotment should be completed before Diwali of 1990. The Registrar is directed to grant the clearance within 15 days of his getting the relevant papers. The revised list of members to be allotted flats as per orders passed today read in conjunction with our earlier order of 30/04/1990 should be placed Along with an affidavit within a week. The Administrator should file the report regarding the allotment by the next date of hearing. To come up on 2 6/10/1990.

(5) Before concluding, we would like to express our appreciation and gratitude to the assistance which we have received from the Administrator and Shri Munjal.

(6) With regard to Chilla, we are informed by Shri Munjal that there are,in Category 'C', 348 flats. 299 flats have already been allotted to those persons who had made the payment in time. 42 flats have been reserved for persons who were registered at Patparganj who are to be accommodated by Chilla. Two persons have opted out of the aforesaid, for a different category of flats. There suit of this is that there are 9 vacant flats available as of today.

(7) We find that according to the Circular issued by the AdministratorRs. 1,20,000.00 had to be deposited by 15/10/1988. A list of members,other than those to whom allotment has been made and the Patparganj overflow, has been prepared and placed before us by the Administrator. This list consists of names of those persons who had deposited Rs. 1,20,000.00 after 1 5/10/1988. In other words, they are the initial defaulters. In December,1988 the Administrator required Rs. 2,03,100.00 to be paid by 31/03/1989.From the list of defaulters we find that only one person, namely, S.A. Emamhad paid Rs. 2,03,100.00 on 15/03/1989. Most of the people have paid money thereafter. Some have paid in 1989 and others have paid in 1990. We also find that the Administrator, because of the shortage of flats, had issued a circular asking for second option from the members who were on the waitinglist. The members were required to exercise the second option and also pay additional money. The list which has been presented, before us includes the names of members who exercised the second option and have paid the additional money.

(8) Looking at all the aforesaid facts, a reasonable criteria has to be laid down in order to determine as to how the 9 flats which -are available are to be allotted.

(9) In the case of Patparganj, we have held today that with regard to the defaulters the allotment is to be made according to the seniority. In all those cases persons have made payment what was due from them. In the present case we find that even though payments had to be made by 31/03/1989, up to a sum of Rs. 2,03,100.00, payments were not made till long thereafter.We would, therefore, give a further grace of 9 months and take into consideration those persons as being eligible who paid Rs. 2,03,1000.00 by 31/12/1988. Applying the criteria of seniority and excluding those members who have opted for other flats and have paid additional amount and also by disregarding those members who have paid Rs. 2,03,100.00 after 31/12/1989, we find that the following 9 persons are eligible, according to seniority,for being allotted the nine flats available at Chilla. These 9 persons are, in order of seniority: 1.Shri S.A. Emam2 Shri R.K. Nayyar3. Mrs. Kiran Katyal4. Shri Dharam Chand5.Shri A.K. Kochar6. Shri Moinuddin7. Mrs. Rahman Bhutani8. Mrs. Vijay K. Thakur9. Shri S.C. Narang

If any further vacancy falls then the allotment should be made on the aforesaidbasis.

(10) The aforesaid 9 flats should also be allotted along with the otherflats. Copy of the order be given dusty to the Administrator.