The Delhi High Court has refused to interfere with a Delhi Co-operative Tribunal order that sent a balcony repair dispute between flat owners and their housing society to arbitration. Taking note of the delay the owners have faced, the Court directed the Registrar of Co-operative Societies (RCS) to appoint an arbitrator by November 10, 2026, and asked the arbitrator to decide the entire matter by January 31, 2027.
A Division Bench of Justice Prathiba M. Singh and Justice Dinesh Bhatt passed the order in a writ petition filed under Article 226 of the Constitution. The petition challenged the Tribunal’s order dated July 29, 2026.
Background: Balcony Repairs And A Society Notice
The petitioners, Sudipa Roy and another, are members of Nav Sansad Cooperative Group Housing Society Ltd. and own Flat No. 461 in it. Their case was that, under the Delhi Co-operative Societies Act, 2003 and the Delhi Co-operative Rules, the Society is responsible for maintaining and repairing the external structures of the flat, but its office bearers had taken no action.
Along with three other claimants, the petitioners asked the RCS to refer the dispute to arbitration under Section 70 of the Act. Their reliefs included:
- withdrawal of demand letters dated May 15, 2025;
- balcony repairs under Rule 94 of the DCS Rules, 2007 within two months;
- supersession of the Managing Committee under Section 37(1); and
- debarring the respondent and his team from future elections for six years under Section 118(4).
On September 2, 2025, the RCS dismissed the claim petition as not maintainable. On appeal, the Tribunal set that order aside and referred the dispute to arbitration. It observed that the 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.”
The Tribunal directed the arbitrator to decide whether reconstructing the balcony and maintaining its interior is the appellant’s responsibility, or whether the Society was required to maintain the interior portion as well.
Submissions Before The High Court
Sudipa Roy, Petitioner No. 1, appeared in person. The main grievance was that the flat could not be used, and that the Society had issued a notice dated December 26, 2025 barring the owners from offering the premises for rent, sale or occupation.
The notice, reproduced in the order, described the flat as being in an “unsafe and hazardous condition”. It said that no entry, visit, inspection, negotiation or dealing in respect of the flat would be permitted without the prior written clearance of the Society or its Managing Committee.
The petitioner also argued that repairing the external balconies was the Society’s obligation, since it requires strengthening the balconies on the floors below. The petitioner told the Court that three of the flat’s four balconies had already been repaired, and that putting the flat to use was being delayed because the dispute had been pending first before the RCS and then before the Tribunal.
Advocate Shashi Pratap Singh, appearing for the RCS, submitted that the Tribunal had directed the appointment of an arbitrator and that the RCS would take the requisite steps.
Court’s Findings
The Bench found no fault with the Tribunal’s decision. It observed: “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.”
It further noted: “The Petitioner is unable to use his flat and the Society is taking an adversarial stance.”
The Court held that the July 29, 2026 order did not warrant any interference, adding that “the difficulty of the Petitioner is also appreciated by the Court.”
Outcome: Fixed Timelines For Arbitration
The Court issued the following directions:
- The RCS shall appoint an arbitrator by November 10, 2026.
- The arbitrator shall consider the petitioners’ claims, including any interim relief they seek, and dispose of the entire matter by January 31, 2027.
- The arbitrator shall issue notice to the Society and hear it.
- Both the petitioners and the RCS shall serve a copy of the order on the Society.
The petition and pending applications were disposed of.
Case Title: Sudipa Roy & Anr. v. Registrar of Co-operative Society & Anr.
Case No.: W.P.(C) 16066/2026 & CM APPL. 75086/2026
Bench: Justice Prathiba M. Singh and Justice Dinesh Bhatt
Date: 30 October 2026
