ANIL SHARMA: CIVIL SUIT BEFORE THE FINANCIAL COMMISSIONER

1. Anil Sharma’s Version.

(a) He was enrolled as a member of the Society on 9th Nov 1995 with Membership No. 435.

(b) He was allotted Flat No 38 and given possession on 20 Sep 2000.

(c) He was expelled by the RCS without following due process of law u/r 36 on 19 Feb 1999. He was not given any opportunity to be heard.

(d) The proposal for his expulsion was forwarded to the RCS without giving him any of the three mandatory notices by the Society.

(e) His expulsion from the Society was not conveyed to him until 07 Jul 2009; that too as a reply to his RTI query to the RCS.

(f) The MC, in its meeting held on 19 Feb 1999, allowed Anil Sharma to continue as a member with his old Membership No. 435 after he cleared his dues on 18 Feb 1999.

(g) The present MC has no power to over rule the decision of the earloier MC and intends to allot the flat to someone else at under hand premium.

(h) The RCS is fully empowered to sanction the re-admission of an expelled member.

(i) Anil Sharma’s name is included in the list of members even after the ‘expulsion order’.

(j) He has been paying maintenance dues regularly to the Society.

(k) He has been receiving GBM notices from the Society.

(l) He was allotted Flat No. 38 when the Society conducted a draw of lot for 24 other members.

(m) The present MC has illegally locked the flat



2. Plea

(a) Expulsion order of the RCS dated 19 Feb 1999 be set aside and Anil Sharma be declared a valid member of the Society.

(b) The Society be directed to remove the lock from Flat No. 38.

(c) The Society be held liable to pay Rs 15,000/- per month from Feb 2009 till the flat is unlocked.

(d) The original record and the case file of expulsion bearing No. Reader/RCS/1999 may be requisitioned.

(e) Any other relief.




The Society’s Stand