The name of Society is Kohinoor and the registration number is THA/HSG/834 dated 21.12.1972.
It is in Thane , Maharashtra.
My membership matter is pending in the High Court as the Society has challenged the Divisional Joint Registrar Order and the Deputy registrar orders which were in my favour.
I have grievance against society for overcharging and wrong charging me .monthly maintenance bills are issued in my late father’s name. I pay monthly charges.
I have written many letters to the Deputy Registrar ( DR) but there is no action.
The query is as DR not acting, Can I go to cooperative court although I am not a member or do I go to Consumer forum?
I C Naik
It is shocking that the society is wasting such high legal costs in the matter of admitting a legal heir to membership upon death of a member?
Since your membership is in question at High Court level it is risky to form an opinion without knowing some more relevant information of the dispute in High Court. I will still try to reason out a probable answer:
Dispute between the society and a member concerning several matters including business of the society (which includes demands on members) are entertained by the Cooperative Court provided parties to the dispute are(1) the society and (as per Section 91 (1)(b) extracted below) (2) the following:
(b) a member, past member of a person claiming through a member, past member of a deceased member of society, or a society which is a member of the society or a person who claims to be a member of the society;
Since you have claimed membership you are entitled to take your matter before the Cooperative Court. The question is if your membership is not recognized by the society, how come you have got occupancy right? How come you pay the maintenance bills raised in your late father’s name? Is the society not applying double standards?
Also note that if the Committee has objected to your membership, 99% chances are that the legal costs will have to be recovered from the Committee members under Section 73(1AB). The Dy. Registrar is the authority to decide if the Committee members have acted in negligent manner by going against the Order of the higher up of the Dy. Registrar. If he holds that against the Committee then they will have a tough time defending their action.
