Formed a cooperative society for construction of flats
8 months ago
During my government service days few induvial formed a cooperative society for construction of flats . I joined as a member . The payment plan was construction linked but citing need of fund they took the installments in advance. Cost of flats were revised several times . over 40% flats were constructed without any member to earn profit in future . Over 90 percent payment of revised cost was paid when they started to ask for interest on delayed payments . Now they have issued notice to me and others and expelled us from society to sell the flats at present market price . Our deposited money is also lying with them and they have put the condition that money will be returned only when flat is resold . We are not sure about neither refund of money nor flats .
You may get issue a strong legal notice and file a suit either in civil court or proceed in the consumer forum. In either case you will get your amount with interest if not flat.
If the cooperative society is registered with the Registrar of Cooperative Societies under the Cooperative Society Act of the respective State, then that society is governed by the uniform Byelaws of the Society. Members of the society can be expelled from the membership of the Society following the condition and provisions of said Byelaws and society cannot issue a notice for selling the flat on cessation of membership. So, in the prevailing situation, you may serve a legal notice to the President/Secretary of the Society and file a mass complaint before the Registrar of Cooperative Societies informing the arbitrary and irrational notice of the society that violates the provision of Byelaws to resolve the issue failing which you may escalate the grievance filing a civil suit against the cooperative society before the Civil Court praying for an order of injunction and revocation of the arbitrary notice. In that case, you may consult the matter with an Advocate for guidance and steps.
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