Question:

Consumer Court?

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Can we file a suit in consumer court against the chairman of co op housing society for not provding the services even after charging the maintance to society?

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3 ANSWERS


  1. Yes, I think you can.  It's called breach of contract.


  2. NO YOU CANT

  3. I believe you can't.

    Co-operative structure is collective of its members. Members elect at AGM/GM a managing committee/executive committee to run the show. Office bearers are elected from among the members and they run the society including provision of services on day to day basis. Members pay to the Society a maintenance fee (normally a monthly charge) to run the show and meet financial obligations of the Society. In other words members run their own show through their elected representatives and pooling the financial resources.

    Co-operative society to its members is not a commercial body but a collective efforts to make the routine things easier.

    Under the situation, the aggrieved members may complain to the concerned Registrar of Societies, against the high handedness of its office bearers. The Registrar may enquire into the matter and remove them. He can also call for fresh elections for the executive of the Society and its office bearers. He may also declare, on finding guilty, the erring Chairman etc, persons non granta, and debar them for holding office in the Society for certain period.

    If certain majority of the members of the Society, see your Articles/Charter, feel so, they may themselves call a GM of the Society and hold fresh elections informing the Registrar of the Societies of your area concerned.
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