Court only will decide issue. You should have filed FIR of cheating against office bearer of society.
Now pursue case only.
Sir I am an a member of a housing cooperative society . The society collected money for giving sites but since 6years they not gives any sites to members mean while some directors registered lands in their name and we some members complained j r office but they are not taken any action and also we giving complent to auditors office that is the given fraud auditing report to government and also society taken 3years audit report from same auditor contunesly these against rules of law in this regard any options for going court and case on this society meanwhile the socity cancelled membership of complained members please give us your valuable suggestions....
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The society giving letter to j r office the complent party is not our society members but when we completed jr office we are members of this society after the society taken arogant action and cancelled our membership we are also registered case in jr court for stay..
Court only will decide issue. You should have filed FIR of cheating against office bearer of society.
Now pursue case only.
Kindly take meeting of your body and perform election under J r of co-op housing society maintain the registered as Joint registrar of the society to form the body , And later through that body member take your own decision regarding the plot.
One and only way out of this situation is filling a 420,406IPC complaint against the society president.
This FIR will put pressure on them.
Get all the registered documents of the society from the land revenue department
1.If there is forgery on audit report then lodge complaint with Economic offence wing of the Police. if the Police does not take action you can file writ petition against police inaction.
2. Simultaneously lodge complaint with the Registrar of society and seek dissolving the present committee.
3. If Registrar of society does not take action then again you can file writ petition in high court.
It can't cancel the membership like that. It has to be confirmed through dy registrar by giving the member right to reply to the same. The ground under which the membership is cancelled is not maintainable
File police complaint of cheating and criminal breach of trust against society office bearers of having collected money but not delivered sites
2) also case in cooperative court against society for cancelling your membership and to appoint auditor for auditing society books of accounts
If the society is indulging in such gross irregularities and illegal activities and if you are personally affected then you can approach high court with a writ petition venting out your grievances seeking releif and remedy agaisnt the society provided the registrar of cooperative societies has not taken any action against this fraudulent activities.
If the complaint and grievances are general in nature involving the loss to the public and the members on the whole, then you can gather the like minded people and file a PIL in this regard provided the police is not taking any legal action on the criminal complaint agaisnt the frauds committed by the said propel who are in charge of the society.
If you have already approached court seeking relief and remedy what else you require from this forum?
If the cooperative court is not giving a favorable reply then you can prefer an appeal against the aggrieved judgment
1. Instead of wasting time before auditors office you and similarly placed aggrieved members should file complaints to jurisdictional police station and get FIRs registered against the directors.
2. If police does not lodge FIR on the basis of complaints then get the FIRs registered on the basis of court orders.
Dear Sir,
You are suggested to serve the legal notice to the society management and then file the court case against the same.
My advice you to approach dy.registrar of co.op.Soc to seek remedies of your grievances.
Please make a clear application to Dy.registrar for mis-management against all office bearers and members of managing committee and seek thorough enquiry against them.
This way you can have some relief from Dy.registrar and if he/she finds your complaint properly addressed they would reverse the action of your Society and you may get Justice as expected by you.
You can file police complaint u/s 406 420 of ipc against Society.
a member of society have right to get the relief from the co-operative court. .
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As per law, housing cooperative society , is a legal body, registered under the Societies Registration Act, 1860 , hence one can sue against its function , if not performing well .
- Further as per rule of the Societies Registration Act, any society registered under this act may sue or be sued in the name of the president, chairman or the principal secretary or trustees, as determined by the rules and regulations of the society.
- Further, as per the rules of the Societies Registration Act, any member or non-member can file a complaint.
- Further, the Registrar of Societies is bound to take action against the errant society on a legitimate complaint.
- But, you can file a complaint to the Registrar of Societies after narrating your concern against the existed society.
- And further, a housing society can be dissolved also, if it fails to meet its objectives, involvement in illegal acts, inadequate number of members, ceasing of functioning over a period of time, contravention of law, or irreconcilable dysfunction.
- It can be dissolved by a) its members b) the Registrar c) the Court or d) the Government.
- A number not less than three-fourths of the members of any society may determine that it shall be dissolved, then it can be also dissolved.
- Hence, you should lodge a complaint before the police and higher official after stating the forgery done by the directors , and further forward a copy of the same to the Economic offence Wing as well for proper investigation .
- Further after submitting the said complaint copy , you all should move an application before the Registrar of Societies to dissolve the Society.
1. Members of society can file suit against Managing directors for cancellation of sales deed on name of directors and declaring the resolution null and void by which managing director cancelled the membership of complaints.
2. The Suit should be filed Before civil court.
When you gave money to the society and you are a member then how can they cancel your membership. That is Illegal. File a criminal complaint against the directors and others for perpetrating a fraud and embezzlement.