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Veerendra   30 December 2022

Does the joint registrar of cooperative housing societies have the powers to give costs ?

Dear all eminent Lawyers

My father gifted me the apartment via a registered gift deed. However the society was not admitting me as a member. This went on for 6 years.  Finally , I had to appeal to the Deputy registrar of cooperative housing societies for membership. After 9 months of hearings the order came in my favour. It is yet to be implemented although .

However there was  no order on costs.

Can I appeal to the joint registrar for costs? Or the appeal can be made only in the cooperative court with the judge ?

If yes , what kind of costs can I ask for

  1. Litigation costs
  2. Opportunity costs
  3. Costs for delay etc.

Once again my basic query is whether technically & legally can I appeal to the joint registrar only for costs.

Does the joint registrar have the powers to give an order on costs or is it that the power to award costs is only  with the magistrates / judges ?

Are costs usually awarded in summary trials like that conducted in deputy registrars office ?

Finally is it worth the time and effort to appeal for costs ( if they can be awarded in the first place )

Hope to see a lot of responses & many thanks in advance for the same.

Veerendra Darakh



Learning

 3 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     30 December 2022

Hello, 

It is wastage of time to appeal only for cost. The joint have power for cost but he has not given as society is run for members it is not business so there are very less chances that you will get costs. 

1 Like

Veerendra   30 December 2022

Thank you very much Advocate Shirish Pawar for your reply. I appreciate the gesture.

The time period of 6 long years was very traumatic for me for multiple reasons and finally I had to approach the law.

So I wish to know from all the learned lawyers on this forum as to what is the legal remedy for the mental harassment caused. Can I approach the consumer court ?

Hope to see some more responses.

 

kavksatyanarayana (subregistrar/supdt.(retired))     30 December 2022

I opine the joint Registrar has no power as regards costs.  If you go to any court it will take time and a waste of money.

1 Like

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