• On cooperative society audit report

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....
Asked 5 years ago in Civil Law

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17 Answers

Court only will decide issue. You should have filed FIR of cheating against office bearer of society.

Now pursue case only.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

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.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

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 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

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.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

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

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Wait for disposal of your case before court 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

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.

 

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Dear Sir,

You are suggested to serve the legal notice to the society management and then file the court case against the same. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

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.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

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. . 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

 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. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

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. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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.

 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

The registrar societies should be informed of this and a case be filed there too.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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