Tribunals and CommissionsFull Bench(2022) 02 RERA CK 0386

Sh. Mayank Srivastava vs Sansadiya Adhikari Welfare Society (SAWS)

Real Estate Regulatory Authority National Capital Territory Of Delhi · Decided on 22 February 2022

HON’BLE JUDGES
Anand Kumar, Chairperson · Ramesh Chandra, Member · Ajay Kumar Kuhar, Member
CASE NUMBER
Comp. No. 107/2021

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Judgment

9 paragraphs · 304 words

Sh. Mayank Srivastava, Complainant appeared himself in person and sought refund of money he deposited with the Society along with interest.

2.

Sh. Vipin Kumar, Vice President of the Society appeared on behalf of the Society. He submitted that their society has been registered under the Societies Registration Act 1860.

3.

The Authority directs the Respondents to explain as to how they are undertaking a housing project being a Welfare Society registered under the Societies Registration Act 1860.

4.

Under section 20 of the Societies Registration Act 1860 only following societies can be registered.

“Charitable societies, the military orphan funds or societies established at the several presidencies of India, societies established for the promotion of science, literature, or the fine arts, for instruction, the diffusion of useful knowledge, [ the diffusion of political education], the foundation or maintenance of libraries or reading rooms for general use among the members or open to the public, or public museums and galleries of paintings and other works of art, collections of natural history mechanical and philosophical inventions, instruments, or designs.”

5.

A notice be also issued to Registrar of Societies, South East District, Govt. of NCT of Delhi to appear before the Authority on nextt date of hearing and confirm whether the societies registered under the Societies Registration Act 1860, like SAWS, can undertake housing activity and how this society was allowed to be registered with housing as one of the objectives.

6.

The Respondents are directed to submit certified copies of their society Registration Certificate, Memorandum of Association and Rules & Regulations by 05.03.2022.

7.

In case Respondents fail to file aforesaid documents by 05.03.2022 with the Authority or fail to appear on next date of hearing, appropriate cost would be imposed upon them.

8.

Case is posted for further hearing on 08.03.2022 at 11.30 Hrs.