Coop. housing society in west bengal
D. P. Bagchi
(Querist) 29 December 2011
This query is : Resolved
In a dispute filed with Registrar for speration of two different type buildings from the existing coop society having 17 similar buildings plus these two different buildings, petition was made to society for mismanagement and step motherly attitude by one member on behalf of other members. Society responded to this member accepting him as representative of other members.
In the dispute case filed, the plaint has been submitted by this one member only stating under the name of Plaintiff that he has been authorised by other members and the authorisation has been submitted as annexure to Plaint. Is this plaint legally valid to represent other members for the common cause.
The defendant has been addressed as "The Secretary, ........ Coop. Housing Society Ltd." Does it indicate from the Plaint that Housing Coop Society has not been made as Party.
We are facing Arbitration case before the Registrar where the Advocate of OP has made the above points during argument for dismissal of our appeal (Plaint)on these technical / legal grounds. We have not taken any Advocate and myself is contesting the case on behalf of the members of the different two buildings. In the next date of hearing, we have to reply our points to establish that our plaint is valid.
I shall be grateful to receive your help on these points for our argument
s.subramanian
(Expert) 29 December 2011
The objections raised against you seem to be hyper technical. They are mere irregularities and not incurable illegalities. You can defend yourself by taking the stand that the authorisation annexed to the plaint must be treated and legally construed as a power of attorney in your favour and as such you are competent to file the same on behalf of those members also. Nextly go through the by laws of the society and see as to who is competent to represent the society in legal proceedings. If it is the secretary, who has such powers under the by law, then the second objection also will fall flat to the ground. Wish you all the very best.
prabhakar singh
(Expert) 29 December 2011
The society appears to be rightly arrayed provided by laws speak that the society would be represented by secretary.About your authority,there seems to be a want of regular kind of POA.
Devajyoti Barman
(Expert) 29 December 2011
The plaint needs to be corrected
As this seems to be a representative suit so an application under order 1 rule 8 of cpc needs to be filed.
On perusal of the plaint and their objections further points could be advised.
Shonee Kapoor
(Expert) 01 January 2012
Agree with Ld. Mr. Barman.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
