About society membership
Ram Kulkarni
(Querist) 06 September 2012
This query is : Resolved
I have won the consumer case against society and Builder and the consumer forum has penalized builder and asked society to give me membership.When I approached society ,they are saying that as the builder has gone to state forum we are not in position to give you membership.Shall i approach to consumer again for execution petition and legal notice to society.I have written them simple letter for membership which they are denying.
ajay sethi
(Expert) 06 September 2012
has any stay been granted by state commsission ? if not take out applicatiion for execution
R.K Nanda
(Expert) 07 September 2012
Go for execution in CF.
Ram Kulkarni
(Querist) 10 September 2012
There is stay on order.I think the stay over penalty on part of builder is OK but why there is stay on society membership.As the builder has gone in state forum against me and society ,and there is no point mentioned about membership,shall I appeal to forum that please take away stay put on membership?
ajay sethi
(Expert) 10 September 2012
in other words builder has not filed any appeal aginst the grant of mebership to you . so th order passed by district forum has become final and binding . go in for execution
Ram Kulkarni
(Querist) 11 September 2012
there is no discussion about the membership in the builder's petition, so can it be granted that the membership decision given by District forum is final and binding on society?
ajay sethi
(Expert) 11 September 2012
yes it is final and binding on society
Ram Kulkarni
(Querist) 20 September 2012
Some of the lawyers in Mumbai have told me to go for Co-operative court to settle the matter of membership as consumer court has no right to interfere in society affairs .One person who wrote in news paper about the disputes regarding coop societies has asked me to apply to deputy registrar of coop societies to find the solution.
Now where should I go? To consumer court? To Coop Court? OR to deputy registrar?????
Ram Kulkarni
(Querist) 22 September 2012
Plz reply Hon Dhingra sir,Sethi sir and Nanda Sir
Guest
(Expert) 22 September 2012
Dear Kulkarni,
Cooperative court is not superior to any other court. Unless the order of the court is challenged either by the society or the Registrar of Cooperative Societies and get any stay/verdict against the order of a consumer court, you should not presume that the consumer court has no right to interfere in the society affairs. Since the matter pertained to consumer rights, the consumer court had the right to entertain the case and give appropriate direction to the concerned parties to the case.
Further, since the cooperative society did not take any stay order against the orders of the consumer court on the membership issue, neither the society can be deemed to have any objection to the order, nor the secretary of the society had any right to withhold your membership. Stay order taken by the builder on the issue of payment of penalty has no concern with the issue of your society membership.
ajay sethi
(Expert) 22 September 2012
you already have an order passed by district forum in your favour . society has not take n the plea that consumer forum has no jurisdcition in the case . the district consumer forum has passed ordfer after hearing all parties . since no appeal has been filed it is final and binding . go in for execution .
Ram Kulkarni
(Querist) 23 September 2012
Thanks for help,to all of you.
Ram Kulkarni
(Querist) 30 September 2012
Resp.All I got answer from some internet site as follows---Sir you have to approach the Dy. Registrar of Co-operative Society Pune. You give them photo copy of Consumer Forum Order Also ask them to declare you as Deem member of the Society and issue the Share Certificate and ask Registrar to Order the Society to give proper Maintenance bill to you and not to ask any huge amount for membership. you pay the amount by Chq. in the name of Society at Dy. Registrar that you will ready to pay the maintenance Amount
