•4 27 % 19.04.2010 Present: Mr. Anand Nandan, Advocate for the petitioner. Mr. Sumit Kumar Singh, Advocate for Ms. Sonia Mathur, Advocate for the respondent No.l. + C.M. No.5149/2010(Exemption) in WP (C) No.2578/2010 Exemption is allowed subject to all just exceptions. C.M. stands disposed of. ^ WP (C) No.2578/2010 The grievance of the petitioner is that though he has purchased the plot from the original member of the respondent No.l Society and applied for transfer in his name way back in 2002, the Society has not taken any decision. Learned counsel for the petitioner relies upon the provisionsof Section 91 of the Delhi Co-operative Societies Act, 2003(hereinafter referred to as the said 'Act') which have been 'V incorporated w.e.f. 13.1.2007 and reads as under: "Section 91 A member of a housing society who has sold his plot or flat on the power of attorney or agreement for sale or by sale deed, shall cease to be a member of that society from the date of the sale of plot or flat: Provided that the purchaser having registered power of attorney or registered agreement for sale or registered sale deed, as the case may be, in respect of such plot or flat, may apply for membership by paying transfer fee of five hundred rupees and share money and admission fee as per the provisions of the bye- laws of the society and the committee shall grant membership to the applicant within thirty days after the submission of his application. W.P.(C) No.2578/2010 page 1 of 3 Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified y •A In case of refusal by the committee, the applicant may appeal to the Registrar within thirty days and the decision of the Registrar shall be final: Provided further that no purchaser shall be entitled for more than one membership In a housing society." Learned counsel subnnits that after the aforesaid amendment, another representation was made by the petitioner on 30.6.2009 and that representation is still not decided. Learned counsel further submits that as per the proviso to Section 91 of the said Act, the society has to take a decision within 30 days and in case of failure of the society to take a decision an appeal would lie to the Registrar. Learned counsel thus submits that he seeks only a limited direction to the Society to decide his request as contained in the letter dated 30.6.2009 as envisaged as per the aforesaid statutory provision. Thus we consider it appropriate to issue directions to respondent No.2 Societyto take decisionon the applicationofthe i petitioner for membership within a maximum period of 30 days from the receipt of the present order. Needless to say that petitioner would have a remedy of appeal before the Registrar in the eventuality of any adverse decision in terms of the proviso of Section 91 of the said Act. The petition stands disposed of with the aforesaid W.P.(C) No.2578/2010 page 2 of 3 K observations. A copy of the order be given dasti to the counsel for the petitioner and another copy be sent to respondent No.l. C.M. No.5148/2010 in W.P.(C) No.2578/2010 Since the nnain petition is disposed of no further orders are required to be passed on this application. C.M. stands disposed of. <r°~ SANJAY KISHAN KAULJ. APRIL 19, 2010 VALMIKIJ. MEHTA, J. Ne W.P.(C) No.2578/2010 page 3 of 3