process for false statement affidavit to coop. society,

One can always make a new affidavit with all rectifications, annulling the earler affidavit. The society does not have the jurisdiction to refuse to accept the new affidavit. Keep Smiling .... Hemant Agarwal

that person has givem statement that he is not a member of any other society in delhi, but I found out that he is a member of two other societies on that date.

now what is the legal remedy  available for his false saying.

hope I cleared the fact.

thanx for paying time to the query

 

I do not know about Delhi. But I can tell you what the situation in Mumbai is. The Co-operation Department of the Maharashtra Government has formulated what are called Model Bye-laws decades ago. All Societies in Maharashtra are required to adopt them. Even if any Society does not adopt them, courts often give decisions based on the Model Byelaws.

The Model Byelaws require a new member to give an affidavit to the effect that he does not own any other house in the area of operation of the Society. But this particular byelaw is often ignored or members sign without caring to look at what was written above. If a Society does not admit a new member for the sole reason that he owns one or more other houses in the area of operation of the Society and the member complains to the Registrar, the Registrar will order the Society to admit him. I would not think that the situation in Delhi will be any different. You can do nothing about the member.

 

The particular provision in the byelaws is a hang over from socialist days. A co-operative consumer society is based on the concept of socialism. Again according to Karl Marx social ownership or community ownership is to prevent the creation of what Marxists call surplus value.  Surplus value is nothing but unearned income.

 Why should a person own more than one house in the same area? Because in one house he will stay and the other houses he will let out on rent. Such rent according to Marx is surplus value.

 If the particular member is member of other societies and owns flats there, what does your Society lose? Let him give the other houses on rent and get return on his investments. Anyway in this era of globalization and market economy you can do nothing, unless there is some other thing against the member, which you have not disclosed. Seventy years after Lenin, Socialism saw its downfall. After 34 years, the leftist government in West Bengal has fallen.

 A false affidavit alone does not constitute a crime. There must be an unlawful intention for doing so. You will have to prove such intention.