MAHARASTRA CO-OPERATIVE SOCIETY ACT
Querist :
Anonymous
(Querist) 07 February 2011
This query is : Resolved
CAN I HOUSING SOCIETY RECOVER LEGAL CHARGES FROM A MEMBER?
THE SOCIETY SAYS THE G.B. HAS PASSED A RESOLUTION WAY BACK IN 1990 AND HENCE THEY RECOVER THE LEGAL CHARGES ON ALL LITIGATION
EXPENSES FROM MEMBER CONCERNED.
THIS WAY THE MEMBER NEED TO PAY LEGAL EXPENSES TO HIS LAWYER AND ALSO ALL LEGAL EXPENSES TO SOCIETY LEGAL EXPENSES ON WHICH THE MEMBER HAS NO SAY. THIS IN EFFECT PAYING TWO CHARGES FOR LITIGATION ON A ISSUE.
IS THIS FUNDAMENTALLY CORRECT IN VIEW OF CONTITUTIONAL FREEDEOM ENCHIRNED ?
IF THIS IS CORRECT NO MEMBER CAN LITIGATE AS HE WILL HAVE TO PAY HUGE MONEY AND THE LEGAL SYSTEM GETS CORRUPT AS THE LAYWERS
JUST FUNCTION AT TIMES AS BROKERS OF JUDUCIAL ORDER AND MEMBER GET HARRASSED.
AN ARGUMENT WHY THE OTHER MEMBERS FOOT THE EXPENSES? THEN WHY AT ALL HAVE LITIGATION PROCEES AND ACT & RULES ? LET THE DECISION OF G.B.BECOMES SUPREME ABOVE LAW AND ACT.
EVEN THE MEMBER MEETS THE PART OF EXPENSES AS HE IS CONTRIBUTING TO EXPENSE OF SOCIETY.
THE CORRECT INTELECT SHOULD SAY THAT SOCIETY SHOULD NOT CHARGE ANY LEGAL EXPENSES ON ANY LITIGATION TO THE MEMBER
AND SOCEITY SHOULD LITIGATE AS PER ACT & RULES IN THE INTEREST OF MEMBERS.
CAN YOU SIGHT ANY MUMBAI HIGH COURT OR CO-OPERATIVE COURT RULING ON THIS?
THANKS,
VAIDYANATHAN.
