KAMLESH AGGARWAL Vs. NARAIN SINGH DABBAS & ANR.


This case is filled by appellant against Navchetna Sahkari Awas Samiti Ltd.-the respondent in the original complaint, for not allotting and registering plot No. 114, Village Khoda, Ghaziabad in her name as the Awas Samiti, in a resolution passed by it, cancelled the membership of the appellant from the Navchetna Sahkari Awas Samiti Ltd. in default of payment by her. The District Forum after conducting an enquiry as provided under the provisions of the Act, accepted the complaint of the appellant and directed the Navchetna Sahkari Awas Samiti Ltd. to allot the said plot in favour of the appellant and also to register the same in her favour within 3 months from the date of the Order.In the said case one Gulab Singh (the alleged subsequent allottee of the plot in question) filed an application in the above proceedings for impleadment before the District Forum as he was in the possession of the plot in question, which was allotted by the respondents and a Civil Suit. The District forum held that the order is void and null.  Further, it is needless to observe in this order that apart from initiating proceedings under Section 27 of the Act, the alternative right is also available to the appellant to execute the order of the District Forum by invoking the provisions of Code for seeking direction to the respondents to get sale deed in respect of their Plot No. 114,Village Khoda, Ghaziabad executed by the Navchetna Sahkari Awas Samiti Ltd. and register the same before the Sub-Registrar and put her in possession of the same in accordance with the aforesaid provisions.  In addition to above, the alternative remedy is also available to the appellant to take penal action against the concerned officers of the Navchetna Sahkari Awas Samiti Ltd. under Section 27 of the Act and therefore, she is at liberty to avail the said remedy also if she wants to get the decree dated 17.10.2003 executed by the District Forum as the same has attained finality in her favour. As a result with the aforesaid observation and direction to the District Forum and liberty to the appellant, we allow these appeals to the above said extent. No Costs.

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