Defaulter member... can he go to consumer court for stilt and other society matters

SHACHIN (Querist) 10 August 2012 This query is : Resolved
Sir/Madam,

In our society there is a member who is a defaulter and soc have put up a case for section 101.. case is in process..

Can he go to consumer court for society matters and stilt parking and other matter ?

On what ground he is consumer of society, he is a member and owner of the flat ?

Please advise....

thanks

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Guest (Expert) 10 August 2012
Action of each party can be subjected to the adjudication of the court of law. If the society can drag the member in a court of law for his being a defaulter, why the member cannot expect fulfillment and discharge of the responsibility of the MC of the society?

SHACHIN (Querist) 10 August 2012
What about Stilt parking sir ? Can he (defaulter Member) go to consumer court ? on what basis he can go to consumer court for stilt parking ?

please advise...

R.K Nanda (Expert) 10 August 2012
Yes, he can go to any court if his rights are violated.

adv. rajeev ( rajoo ) (Expert) 10 August 2012
Member of the society is not the consumer.

Raj Kumar Makkad (Expert) 10 August 2012
Though there is no any restriction for him to go to consumer fora but he is not a consumer and thus complaint shall be dismissed on this sole ground.

V R SHROFF (Expert) 10 August 2012
Member can complain to Sub-Registrar/ Co-operative Court/ under MOF in Civil as well as Criminal Court.

Member can move Consumer Forum for defective services. [ Citations not avlb ]

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