Legal Question in Consumer Law in India

FIRSTLY SEND LEGAL NOTICE AND U MAY FILE PETITION IN HIGH COURT

05.01.2013

Dear Sir / Madam,

I am quoting the relevant provisions of the Act, Rules & byelaws in defence of your case -

Section 19 (A)(iv) clearly reads : An individual who is eligible to be the member and who has applied for membership of the Society in the prescribed form, may be admitted as member by the committee on the member giving an undertaking in the prescribed form to the effect that he shall use the flat for the purpose for which it was purchased by him.

The member/person/firm, who is deemed to have been allotted the flat under bye-law no. 76(a) of the Society shall have a right to occupy the flat subject to the terms and conditions set out in the letter of allotment in the prescribed form under the said bye-law. (Section 24)

The Society is not entitled to abruptly change user of flat without amending the byelaws by a resolution passed by at least 2/3rd majority of the members in the AGM / SGM of the Society, and with the approval of the Dy. Registrar of Co-operative Societies; except to fix the rate of Insurance Premium in respect of commercial use of flats by members. (Bye no. 69(a)(xi) read with Section 167)

The Secretary is legally bound to issue Share Certificate to each and every member within a period of six months of the date of application by a member to the Society with the prescribed entrance fee (Rs 100) and application fee (Rs 500) having been paid to the Society.

Regards,

FCA Prashant Chavan

Mumbai

(You can mail me for any further on-line advice at [email protected])

There are many questions unanswered like Is the Society still unregistered.? Have you purchased the flat? The documents you have will have to be perused . Approach a lawyer with full details