• Resignation from co operative society

Hi,

I am a member of co operative society and I have some issues with the working style of society. I raised a written concern to my society committee as an flat owner. I have not received any reply from them.

1. My concern is what happens if I want to take legal action against society? 
2. As I am also a member of society committee how I can save myself against legal action as I am not breaking any law as an individual member? 
3. Should I resign first before going legal?
4. Can I send a individual reply as a committee member to my own complain as an flat owner?

Thanks
Asked 4 years ago in Civil Law

2 answers received in 30 minutes.

Lawyers are available now to answer your questions.

12 Answers

1. My concern is what happens if I want to take legal action against society?

Answer: It is advisable not to take legal action against society. Since you are going to live there, it is better that you approach them formally first. If they don't then send legal notice and after that approach Registrar to dissolve the committee;

2. As I am also a member of society committee how I can save myself against legal action as I am not breaking any law as an individual member?

Answer: You have all the rights to question the society and its members. You have full rights under the model bye-laws adopted by your society;

3. Should I resign first before going legal?

Answer: If you resign now, then you will have to relocate yourself;

4. Can I send a individual reply as a committee member to my own complain as an flat owner?

Answer: Yes the secretary, chairman or treasurer can reply to you provided it's on the society letter head.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

resign from MC

2) your resignation should be accepted

3) you can even being member of MC raise these issues

4) you cannot send individual reply to your own complaint

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

Firstly formally send them legal notice taking a stand regarding the functioning of society. If they do not take action approach registrar of societies. Secondly since you are member you have full right to seek answer to your queries for which they cannot initiate any legal action. It's better to resign from committee then raise the query along with other members of society. Lastly you cannot send reply to your own complain.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

1. you can take legal action both in the capacity of a society member as well as member of managing committee

2. you can address recording letters to the other members of managing committee for certain actions of the committee which you fin objectionable and against law

3. if you think that you will invite unnecessary liability being a managing committee member, you may think of putting your pen down as a managing committee member by a written notice

4. not required. let other members of MC reply. your reservation will already be recorded in the letters stated in point no.2. So these letters will show that you are not in agreement with the decision of the other members of MC

Yusuf Rampurawala
Advocate, Mumbai
6881 Answers
79 Consultations

5.0 on 5.0

Dear Sir,

In the first place, there seems to be conflict between the members of the Managing Committee inter se.

If you have a grievance as a flat owner and you have raise the same in a written complaint, the other members of the Managing Committee ought to resolve the same. You replying to your own complaint makes no sense if the matter goes to Court.

Resignation from the post in the Managing Committee is your personal call but if you want to let it go in writing.

If no one is taking action on your complaint you may approach the Registrar of Cooperative Societies, Pune for resolution.

Regards,

Uma Vyavaharkar-Acharya
Advocate, Mumbai
44 Answers
2 Consultations

5.0 on 5.0

1. You can file a complaint with the registrar if your grievances are not settled.

2. See till time there is no negligence and breach of bylaws on your part there can be no legal action agaisnt you.

3. No as committee member also you can file a complaint.

4. No that you cannot do.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Your resignation must be approved by the AGM and then only you will be treated as ordinary member and an ordinary member main take necessary legal action against the cooperative society for doing any unlawful activity.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

You are a member of a registered society and a society is registered under the societies registration act. Therefore your remedy lies with the registrar of the society wherein you can file your grievances against the society. You state the grounds which have compelledyou to file the application and should also state the illegality committed by the society. It may be working in contravention to the societies stated objectives or against the act itself.

Regards

Rahul Mishra
Advocate, Lucknow
13757 Answers
65 Consultations

5.0 on 5.0

1) not mandatory for all members to attend MC meeting

2) other committee members should in writing request for MC meeting to be called

3) you are not responsible if MC M is not called

4) you should raise all contentious issues in writing . Object to decisions taken in MC meeting if you don’t agree and have your objections recorded

5) for imposition of late fee resolution has to be passed by the AGM

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

1. No the coram should be there as prescribed in by laws , presence of all the members for meeting is not compulsory.

2. Since the power is with chairman and secretary to call meeting as member you can skip liability by giving a letter in written from your side asking them to conduct the meeting.

3. Sir in that they shall be responsible and the registrar on complaint may take action against them as member you of committee you can also be fined for not taking steps as 1/5 members can too call for such meeting

4. Yes you as member can issue a notice to the Secretary and chairman that in-spite of the request they have not considered the issue and no AGM is called and further you complaint before the Registrar.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. You can initiate legal action by sending a legal notice demanding them to rectify your problems.

2. First of all let them take legal action and then decide how to save yourself, because without knowing what type of legal action they would initiate, no defence can be planned.

3. Dont resign, you can initiate legal action without resigning

4. Do it as per prevailing circumstances

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

If you have been appointed as a member of the committee unanimously then you may bring all such irregularities to light in writing to the chairman and then seek his intervention.

If there is non relief or respite then you may resign the committee membership post remain as an ordinary member of the society.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer