Sudipa Roy & Anr. vs Registrar Of Co Operative Society & Anr.
- Court
- Delhi High Court
$~26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
th
Date of decision: 30 October, 2026
st
Uploaded on: 31 October, 2026
# CNR No. DLHC010522452026
+ W.P.(C) 16066/2026 & CM APPL. 75086/2026
SUDIPA ROY & ANR. .....Petitioners
Through: Petitioner No. 1 in person.
versus
REGISTRAR OF CO OPERATIVE SOCIETY & ANR.
.....Respondents
Through: Mr. Shashi Pratap Singh, Advocate
for R-1/RCS
CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE DINESH BHATT
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
2. The present petition has been filed by the Petitioners under Article 226
of the Constitution of India, inter alia , assailing the order dated 29th July,
2026 passed by the Delhi Co-operative Tribunal in Appeal No.
091/2025/DCT .
3. The brief background of the present case is that the Petitioners are the
members of the Respondent No.2-Nav Sansad Cooperative Group Housing
Society Ltd. (hereinafter, ‘the Society’) .
4. The case of the Petitioners is that they are facing considerable difficulty
in carrying out the repair work in respect of their flat bearing No. 461
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Signed By:DEVANSHU
JOSHI
Signing
Date:31.10.2026 18:17
(hereinafter, ‘the flat’) in the Society.
5. It is their case that as per the Delhi Co-operative Societies Act, 2003
(hereinafter, ‘DCS Act’) and Delhi Co-operative Rules, the responsibility of
maintenance and repairs of the external structures of the flat rests upon the
Society. Despite the same, as per the Petitioners, the office bearers of the
Society have failed to take any action.
6. Aggrieved by the inaction, the Petitioners, along with three other
claimants, approached the Registrar of Co-operative Societies (hereinafter
referred to as the ‘RCS’), seeking a reference of the dispute between them and
the Society to arbitration under Section 70 of the DCS Act, by filing a claim
petition bearing Arbitration Case No. 34/GH/DR/ARB/2025-26 .
7. The claim petition, inter alia , included certain demands in respect of
repairs which were required to be carried out in the balconies of some of the
flats in the Society. The reliefs sought before the RCS in the claim petition
are as under:-
“(a) Withdrawal of illegal demand letters dated
15.05.2025 (Annexure-I).
(b) Complete repair work of Balcony following Rule 94
of DCS Rule 2007 within next two months as it is posing life
treat.
(c) Supersession of the Managing Committee of the
society (as mentioned in Section 37(1) of Delhi Cooperative
Societies Act, 2003) as the respondent has been negligent in
the performance of the duties under Rule 106 attached.
(d) Debar the respondent and his team to contest the
future elections for Six years, as mentioned in Section
118(4) of Delhi Cooperative Societies Act, 2003;
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Signed By:DEVANSHU
JOSHI
Signing
Date:31.10.2026 18:17
(e) Any other relief as deemed fit by this Hon’ble Court.
[ Extracted as is ] ”
8. Vide order dated 2nd September, 2025, the RCS had dismissed the
claim petition of the Petitioners as being not maintainable.
9. Petitioner No. 1 preferred an appeal before the DCT, which was
partially allowed vide the impugned order dated 29th July, 2026, in the
following terms:
“[...]6.We have heard the appellant in person. Sh.
Dharmenndra Kumar, Id. counsel for the respondent
Society and with their assistance, we have gone through
the impugned order, the pleadings and the photographs
placed on record.
7. A study of the impugned order revels that LD.
Addl. RCS has failed to exercise the jurisdiction vested
in it. Dismissal of the petition as not maintainable is
not justified. It is apparently and patently a complaint
by a member of the Society Or a joint member against
the society. Their claims and counterclaims regarding
the responsibility of maintenance or scope of repair of
the balcony of the flat jointly owned by appellant
bearing No.-461 do make out a dispute between the
two. Further, we are of the opinion that appellant, who
is a joint member may not have a voting right but he
certainly has a right to seek maintenance and services
for his jointly owned flat. Therefore, the dispute is
apparently between a member and the respondent
society. There being no objection to the dispute being
barred by limitation. Tribunal is of the opinion that
there was no occasion for the Ld. Addl. RCS to decline
referring the dispute to arbitration. We, therefore,
allow the appeal and set aside the order dated
02.09.2025. passed by Ld. Addl. Registrar Cooperative
Societies. The dispute is referred to Arbitration.
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Signed By:DEVANSHU
JOSHI
Signing
Date:31.10.2026 18:17
8.1 Ld RCS is requested to appoint and Arbitrator
in the present matter. Parties are directed to appear
before the Ld. RCS on 04.08.2026 at 12:30 Pm for
appointment of Arbitrator.
8.2 It is directed that the Arbitrator shall decide
the dispute between the appellant and the respondent
Society as regards the extent of reconstruction and
maintenance of the balcony by the appellant and or the
respondent society. Arbitrator shall decide whether it is
the responsibility of the appellant to reconstruct the
balcony and maintain the interior portion thereof or
whether the respondent/society was required to
maintain the interior portion of the balcony as well.
8.3 The appeal is accordingly allowed. No order
as to costs. A Copy of this judgment be sent to Ld. RCS.”
10. As can be seen from the above order the DCT came to the conclusion
that there exists a dispute between the Petitioner no.1 and the Society which
is arbitrable. Accordingly, the DCT directed the RCS to appoint an Arbitrator
and the scope of the Arbitration has also been set out in paragraph 8.2, as set
out above.
11. The Court has heard the Petitioner, who is appearing in person and Mr.
Singh, ld. Counsel for the RCS.
12. The main grievance of the Petitioner is that the Petitioner is unable to
utilize his flat, and a notice dated 26th December, 2025 has been issued by
the Society, barring him from offering the premises from rent, sale or
occupation. The said notice is set out below:
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Signed By:DEVANSHU
JOSHI
Signing
Date:31.10.2026 18:17
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Signed By:DEVANSHU
JOSHI
Signing
Date:31.10.2026 18:17
13. Secondly, it is his case that the repair of the external balconies was the
obligation of the society as it also requires strengthening of the balconies in
the floors below the Petitioner’s flat which is on the sixth floor.
14. According to the Petitioner, he has already carried out repairs to three
out of the four balconies of his flat. He intends to put the flat to use, however,
the same is being delayed on account of the disputes pending initially before
the RCS and subsequently before the DCT.
15. On behalf of the RCS, Mr. Singh submits that the DCT has directed the
appointment of an Arbitrator and that the RCS shall take the requisite steps in
this regard.
16. After hearing the Petitioner and the ld. Counsel for RCS, it is clear that
the DCT has taken a reasonable view in the matter. It is in fact the delay in
resolution of the dispute, that the Petitioner is aggrieved. The Petitioner is
unable to use his flat and the Society is taking an adversarial stance.
17. In the opinion of this court, the impugned order dated 29th July, 2026
order does not warrant any interference. However, the difficulty of the
Petitioner is also appreciated by the Court.
18. Accordingly, it is directed that the RCS shall appoint an Arbitrator by
th
10 November, 2026.
19. Upon appointment, the Arbitrator shall consider the claims of the
Petitioner, including any interim relief that the Petitioner may seek and
st
dispose of the entire matter by 31 January, 2027. Notice shall be issued to
the Society by the ld. Arbitrator and it shall be heard.
20. The petition is disposed of in the above terms. Pending applications, if
any, are also disposed of.
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Signed By:DEVANSHU
JOSHI
Signing
Date:31.10.2026 18:17
21. Copy of this order be served on the society by the Petitioners as also by
the RCS.
PRATHIBA M. SINGH
JUDGE
DINESH BHATT
JUDGE
OCTOBER 30, 2026‘ rs’/sm
Signature Not Verified
W.P.(C) 16066/2026 Page 7 of 7
Signed By:DEVANSHU
JOSHI
Signing
Date:31.10.2026 18:17