Dear sirs
We are a cooperative housing society in Goa duly registered with the registrar of cooperative housing societies in the year 2003.
The builder had multiple buildings which started in 2000 and were completed in phases and the final building was completed in 2011. As per our agreements made with builder he had to do a conveyance deed in favour of society. When we approached him in 2012 for conveyance deed we realised that he has mischievously executed individual sale deeds with a few members of the society thereby impeding the conveyance process and putting our society in a stalemate situation.
Now due to stalemate more members have executed individual sale deeds with the builder while a registered cooperative housing society is in existence.
As a result some 2 members have approached the consumer forum to seek justice and ask the builder to execute the conveyance deed in favour of the society.
In case the case is in favour of these two members will the court/ consumer forum be competent to direct all the members of the society to pay for the conveyance or does the forum only capable of advise?
I am asking this because when/if the litigating members win the case whether the conveyance process will remain in stalemate due to no contribution from members or whether the court can be petitioned to enforce the conveyance and the contribution.
Kindly advise
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