Mumbai: More than 20 years after five former members of a cooperative housing society in Juhu Vile Parle Development (JVPD) Scheme moved court seeking a refund of ₹ 31 lakh plus interest from the housing society, a co-operative court dismissed their plea, saying they were not entitled to any monetary refunds or benefits from the society as they had failed to adhere to lease conditions and society regulations.
The petitioners also failed to provide documentary proof related to a lower amount of transfer premium, weakening their claim for refund, the court noted. Cooperative judge JA Zari dismissed the petitioners’ claims for annual benefits and flood relief payments after examining the society’s records and resolutions, as he accepted the society’s argument that such benefits were only payable to resident members actively occupying the property, a status the disputants did not hold at relevant times. Notably, the court pointed out that the petitioners did not cross examine key witnesses from the society, which led to acceptance of the opponent’s evidence under established legal principles.
The court considered the fact that the disputants, although having resigned from the society in 2005, remained within the court’s jurisdiction as past members under section 91 of the Maharashtra Cooperative Societies Act, 1960. Accordingly, on October 15, the court rejected the entire claim of ₹ 31.07 lakh, stating that the petitioners were not entitled to any monetary refunds or benefits from the society. The petitioners’ claim for gold coins as part of society distributions was disallowed due to insufficient supporting evidence and contradictory testimony from the society’s representatives.
Evidence submitted before the court, including lease deeds, letters, affidavits and admissions during cross examination, supported the society’s stance that the deposit forfeiture was justified.
