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Rahul Sood (Advocate)     30 April 2012

Delhi cooperative society

 

 I have a question in regard with the Cooperative Housing Societies having multi-storey flats, which has cancelled the membership of the defaulting member after receiving a favourable court order in regard with the same, and now wants to re-allot the unit/s by inviting the applications at the exorbitant prices fixed by the Society. 

As the very purpose of a cooperative housing society is up-liftment of the economically weaker section of the society and provide inexpensive housing. The government provides land to such Societies on lease and that too on very nominal rates. The Society has the right to collect the ground rent, construction charges, maintenance charges and the membership charges. The Society has all the right to reallot the unit however, the price of the unit is in question. 

1. Can the Society now ask for self determined price, in case where the first allotment was done in 1996? 

2. Is there a process under the requisite law for re-allotment of the cancelled units by the CHS under DCS (Delhi Cooperative Housing Society Act, 2003) or any other law for the time being in force in India?

3. How can the pricing by such cooperative societies be challenged?

4. Is there a judgment in regard with the method of re-allotment and the pricing of the unit?

5. Is there a limitation for challenging such process of re-allotment?

6. Any other relevant information in this regard.

Your valuable inputs will be highly appreciated. 

With regards,

Rahul Sood 



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