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Veerendra   04 January 2020

Can issue of admitting member be taken up in co-op court ?

Dear All Eminent Lawyers,

To put it in a nutshell:

The premises where I practice dentistry was in my father’s name.  My father transferred the premises to me by a properly executed gift deed. Still the society is not admitting me as a member.

I am being charged higher maintenance then the others in the guise of commercial charges. I am not paying the higher maintenance charges. Therefore , the society considers me as a defaulter. I have disputed the higher maintenance charges in the cooperative court and the case is expected to come up for first hearing in the next two to three weeks.

I wish to know whether in the same cooperative court can I take up the issue of the society not admitting me as a member along with my dispute of higher mainatenance charges.

The society’s stand is that  since I am a defaulter I will not be admitted as a member.

Can the issue of admitting me as a member can also be taken up in the co-operative court along with my complaint of higher maintenance charges.

My lawyer says that the issue of membership has to be taken up in front of the deputy registrar under section 23 of MCS Act and it cannot be taken up in the cooperative court.

Hope to see a lot of responses & many thanks in advance for the same.

Regards,

Yours  Sincerely,

Dr. Veerendra Darakh



Learning

 3 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     04 January 2020

1. Under the provisions of the MCS Act & Rules, Society is entitled to refuse membership to a Defaulter and said Defaulter is not entitled for membership.  Hence even if application is made under sections 22 or 23, the Coop. Registrar CANNOT order for membership, since he too is bound by provisions of law.  Further membership issue, by law can be decided ONLY by Registrar and not by coop. court, due to jurisdictional issues.

2. However, you may take up the membership issue with the local Consumer Court, citing false & inflated claims of maintenance and consequent refusal of membership, more so since false & inflated claims of maintenance is consituted as Negligence, Deficiency, Harassment, Mental Agony, Malpractices etc.... as per earlier consumer court precedent judgments.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

2 Like

Dr J C Vashista (Advocate)     05 January 2020

You have already engaged /paid an able, competent and intelligent lawyer, proceed as advised by him/ her without waiting for an obligation ( although it is available FREE OF COST) of experts on this platform, which is bound to differ as it is based on limited facts posted by you.However, if you have lost faith in your lawyer change him/her immediately. If you want second opinion it is advisable to consult another local prudent lawyer for better appreciation of fact/documents and guidance/proceeding.

1 Like

Dr J C Vashista (Advocate)     05 January 2020

You have already engaged /paid an able, competent and intelligent lawyer, proceed as advised by him/ her without waiting for an obligation ( although it is available FREE OF COST) of experts on this platform, which is bound to differ as it is based on limited facts posted by you.However, if you have lost faith in your lawyer change him/her immediately. If you want second opinion it is advisable to consult another local prudent lawyer for better appreciation of fact/documents and guidance/proceeding.

1 Like

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