Cooperative society
kumarjainn
(Querist) 11 February 2017
This query is : Resolved
sir
i am a original member of cooperative society since 1991 in ghaziabad U.P. 250 members formed a society for getting a lot in the society measuring 100/150/200 sq yards. Instead the society started construction of flat in the society and 7 towers of 20 floors each are erected in the plot. there are 250 members in the cooperative society. 1200 flats are being built in 7 towers. The flats will be sold to non members. the society made an agreement with the builder to construct the flats and give one flat to each member who own plot and sell the rest to non members to get his cost recovered. Now the society sent a demand note for deposting Rs. twelve laks to members in lieu of flat at concessional rate. The byelaws have not been changed.
Is it not illegal to construct flats in the land . when the society is of plot.
how can they sell flats to non members.
President and secretary have been dismissed for irregularity in the society. they made 572 members who could not get registered in Lucknow Cooperative office as the membership could not be increased from 250.
what to do . they have taken huge money from these members in a separate bank account in the name of society. the money is not accounted in the society and the bank balance is nil in that account . Out of 250 original members the around 100 memebrs resigned from the society in the year 2006 and new members were made in the society. The society terminated the memebrship of 100 members when their illegal demand notice was not deposited by the members. The membership of these 100 members was restored by court order. At present the society does not have a quorum of two third members required to attend the meeting for amendment in bylaws. what is the fate. will we get plot or have to take one flat or all 1200 flats have to be distributed/sold to 250 members.
Rajendra K Goyal
(Expert) 12 February 2017
Have to move to court for appropriate orders and also request the registrar to hold elections of new society.
Full case file / related documents and orders of court need to be referred, discuss with local lawyer in detail.
rajeev sharma
(Expert) 13 February 2017
collect all the evidence of all the facts mentioned in your post particularly those related to the mismanagement of society. File a complaint with registrar of societies at Lucknow. In the complaint also make a prayer to restrain the builderand the society against building flats allotted to society. If the Registrar of Societies do not act promptly file a writ before H C.
kumarjainn
(Querist) 14 February 2017
Sir
thanks for repy
As advised we ten membersfiled a writ in Lucknow bench. The hon'ble judge disposed off the writ petition with the following order:
" The disputed question of facts and loaw both, whether the respondents have got right to construct or not and the petitioner has got right to claim for allotment of plot are the questions, which can be adjudicated by the Housing Commissioner, Avas Evam Vikas Parishad. Accordingly, we dispose off the writ petition finally permitting the petitioner to make representation to the Housing commisioner, who shall consider and decisde the same in accordance with law after considering he original record and pass speaking and reasoned order .
The housing commissioner replied" The decision to build flat was taken by AGM and the Permission for building flat was granted by the Housing Commissioner/ Register therefore one flat will be given to the petitioner.
We appealed in the High Court, Lucknow Bench that according to the bye laws of the society we are suppose to get plot in the society. the society by laws have not been amended to providing flat therefore flats cannot be constructed in the society. The Hon'b;e High court dismissed the writ petition and upheld the Housing Commissioner's order that the AGM is supreme and AGM has decided to build flats in the land and Register has given permission. therefore plot cannot be allotted to the petitioner and that there are 1200 members for whom flats are being built. up. My contention is thhat There is an error in the judgment again.
In fact society has only 250 member since its formation. they are building 1200 flats to sell it to the non members. This is illegal. Without amending the bylaws from plot to flats, construction of flats in society land is illegal even if AGM has approved or Commsioner/Registrar has given permission.
This High court judgment came in the year 2012
Now my question is can we appeal in Supreme court against the order of the High court or not. Or we have to get the order reviewed in High court, lucknow bench.
