Facts
The petitioner filed a complaint before the Registrar of Cooperative Societies (RCS) under Section 70(2) of the Delhi Co-operative Societies Act, 2003, challenging action by Arur Co-operative Group Housing Society Ltd. (the Society).
Source reference: p.1, para. 2The Society had imposed penalties alleging unauthorised parking in slot A-10 (A & B) and kept her membership in abeyance until she vacated the slot and cleared her dues.
Source reference: p.1, paras. 3–4She sought an early hearing of her complaint before the RCS.
Source reference: p.1, para. 2Issues
Whether the petitioner’s complaint should be heard by the RCS, with an attempt made to resolve the dispute amicably before any reference to arbitration.
Source reference: p.3, para. 8Whether the petitioner could be deprived of membership benefits while the complaint was pending.
Source reference: p.3, paras. 7, 10Law Applied
Section 70(2) of the Delhi Co-operative Societies Act, 2003 was the basis on which the petitioner had brought her complaint before the RCS.
Source reference: p.1, para. 2The Court directed that, if the dispute could not be amicably resolved, a reference to arbitration under Sections 70/71 of the Act could be made, if required.
Source reference: p.3, para. 8Relying on its observations in Jyoti CGHS Ltd. v. RCS & Others, W.P.(C) 13982/2026, the Court noted that membership is a valuable right and that a dispute over charges should not, by itself, hold up membership.
Source reference: p.3, para. 6The Court did not finally determine the Society’s authority to keep the petitioner’s membership in abeyance.
Source reference: no citationReasoning
The petitioner’s complaint was already before the RCS, and the Court considered that the Society’s decision to keep her membership in abeyance raised a doubt as to whether that action could be taken on the grounds of alleged unauthorised parking or unpaid penalties.
Source reference: p.3, paras. 7–8Consistent with its observations in Jyoti CGHS Ltd., the Court protected the petitioner’s membership benefits pending consideration of the dispute.
Source reference: p.3, paras. 6, 10It left the underlying dispute to the RCS, directing it first to attempt an amicable resolution and, if unsuccessful, to consider a reference to arbitration.
Source reference: p.3, paras. 6, 8, 10Holding
The Court disposed of the petition by directing the petitioner and the Society to appear before the RCS on 12 October 2026 at 2:30 p.m.
The RCS was to hear both sides, attempt an amicable resolution, and make a reference to arbitration under Sections 70/71 if required.
Source reference: p.3, paras. 8–9Pending the RCS proceedings, the petitioner was not to be deprived of her membership benefits.
Source reference: p.3, para. 10Acts & Sections Cited
3 provisions across 1 statute referred to in this judgment. Linked provisions open on LawLens.
Delhi Co-Operative Societies Act, 20033
Original Court PDF
Mrs Rita BenjaminvsThe Registrar Of Cooperative Societies And Ors.
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