I have purchased one Office unit in a commercial Complex at Navi Mumbai , Maharashtra State.
a) There are 2 Socities on 1 plot. One is registered Society and one is Unregistered Society
b) Due to Internal disputes , the Registered Society is not allowing the owners of Unregistered Society to merge with them, nor allowing them to form separate registered Society . Repeated objections are raised with Jt registrar office by the registered
c) Finally , I applied under Section 23 1A of MCS Act for deemed membership of Regsitered Society . More than 8 months have passed , the Registrar is not passing a Deemed Membership order and advising me to file appeal under 22 (2) or 23 (2) .
d) Under RTI , I got reply from same Registrar office that there is no prescribed procedure , as to
How to obtain Deemed Membership order under section 23 (1A) , then why are they advising me to come under 23 (2) .
Can you please guide if my understanding is correct ?
I C Naik
THE DEPUTY REGISTRAR order is not final and his Superior the District Deputy Registrar can always be approached submitting copy of the rejection by the Deputy Registrar. Moreover read this extract fro Section 22(2): If the society does not communicate any decision to the applicant within three months from the date of receipt of such application the applicant shall be deemed to have been admitted as a member of the society.]
“Registered Society not allowing to form separate registered Society” is a contempt of Constitution as it violates Fundamental Right guaranteed under Article 19(1)(c). The unregistered society (Ten persons who have bought shops) can go to Court against the the Deputy Registrar as well as the Registered Society.