High Court for State of TelanganaWP/5935/2011disposed of no costs

Smt. Addala Vara Lakshmi v. The A.P. Cooperative Housing Societies Federation Ltd.

2015-12-07Challa Kodanda Ram3 pages

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION NO.5935 of 2011 Between:

Smt. Addala Varalakshmi PETITIONER AND

1. The A.P. Cooperative Housing Societies Federation Ltd., rep. by its Deputy Registrar/Special Category Deuty Registrar/Regional Manager, Housing Societies Federation Ltd., Labbipet, Vijayawada, Krishna District, and others.

RESPONDENTS

ORDER:

This writ petition is filed seeking a declaration that the action of the respondents 2 and 3 in insisting the petitioner to pay alleged due amount on the basis of earlier certificate dated 14.07.1999 without complying the orders dated 26.07.2003 passed in O.A.No.69 of 2002 by the Cooperative Tribunal, Vijayawada, as illegal and arbitrary. This Court vide order dated 12.11.2015 directed the learned counsel for the petitioner to ascertain whether Paragraph 12 of the order of the A.P. Cooperative Tribunal has been complied with and whether as on today the petitioner still owes money to the 3rd respondent-House Building Society. On 27.11.2015 the learned counsel for the 3rd respondent furnished a copy of statement of account, which prima facie shows a sum of Rs.6,85,573/- was due as on 30.12.

2015 and the learned counsel for the petitioner sought time to verify the same. Hence the matter was adjourned to today. In the affidavit filed in support of the writ petition the petitioner asserted that he had already paid a sum of Rs.72,000/- and the Tribunal vide its order dated 26.07.2003 in O.A.No.69 of 2002 directed the vendor to calculate the arrears amount from the date of payment made by the petitioner into the 2nd respondent-society. The grievance of the petitioner is that the said direction of the Tribunal has not been complied with.

Since the statement of account has been filed by the respondents showing the dues payable by the petitioner, if the petitioner has any grievance with respect to the demand made with interest and penal interest, the petitioner is at liberty to approach the respondents by filing a representation and seek appropriate relief. As and when such representation is filed, the respondents shall consider

and dispose of the same, subject to the By-Laws and Regulations of the 3rd respondent-Society, within a period of three weeks from the date of receipt of a copy of this order.

With the above observations, the writ petition is disposed of. As a sequel, pending miscellaneous petitions, if any, shall stand closed. _____________________ CHALLA KODANDA RAM, J.

7th December, 2015 Js.