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Seema (Consultant)     17 November 2010

Society Registration Issue

Hi

We are a group of individuals based out of NCR, who have been duped by a builder for apartments in Faridabad, Each of us payed 25-30 Lakh each over the past four years to the builder, but the building is no where near completion

We would like to register ourselve as a society under the Society Registration Act. 1860 to purse our fight against the corrupt practises of the builder, I have two questions

1) The builder office is in Delhi, the site under construction is in Faridabad
Majority of individuals are based out of Delhi,
 
Can we register our society in Delhi, or do we have to necessarily register in Faridabad region,
In case we need to register ourselves in Faridabad, Does all members need to have the address in faridabad, or one member address as office address would do.

2) In case a member has purchased house in name of spouse, can he/she be a part of governing body

 

Regards

Seema



Learning

 14 Replies

JT Rajasuriya, Chennai (Advocate 98410 53790)     17 November 2010

Forming a society will not serve purpose. Court will consider only individual grievance - as you dealt with the builder individually and not as a society. You can commonly approach an advocate who can represent al of you.

1 Like

Seema (Consultant)     17 November 2010

Hi

Thanks much for prompt response, I agree that all of us need to file our individual legel case with state commsision and share our grivience, However here are some reasons we want to register ourselves as society in parallel,

-Pressurie authrities for internal and external development

-raise funds from the members spread across globe, which would enable us o establish one good lawyer who can fight case for all of us

- File group complaint with authrities like Town Planners, Having a compliant with society name with several people registered may be more impactful.

- If we register ourselves as a society we can file a joint FIR with Economic Offense wing

 

In this context, Kindly suggest, If it would make sense for us to register ourselves as society, In case yes, Would you be in position to help with the queries raised in previous thread.

 

Regards

Seema

A V Vishal (Advocate)     17 November 2010

Can we register our society in Delhi, or do we have to necessarily register in Faridabad region,
In case we need to register ourselves in Faridabad, Does all members need to have the address in faridabad, or one member address as office address would do.

Ans. Yes, you can register the socirty at Delhi.

2) In case a member has purchased house in name of spouse, can he/she be a part of governing body.

Ans. Regulations regarding election of governing body must contain clauses to make non members as part of governing body.

1 Like

Seema (Consultant)     18 November 2010

Thanks everyone for prompt answers

1.

It looks like depending upon member;s interest we would be eligible to register ourselves in Delhi or Faridabad. Are there any rules that govern where the society need to be registered

If we get ourselves registered in Delhi, wouldd we still be able to fight with authrorities (like DTCP) in Haryana

2. For members/society to  fight the case with builder (having office in Delhi, Property in Haryana), We are planning to file a case in sytate commission, Can the case be filled in Delhi or it need to be filled in Haryana

3. The society registration caluse states that there should not be a society registered with similar names, Is there a way for us to find out that the name that we are thinking for our society is not already registered,

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     18 November 2010

CONTRARY to what others have stated above :


1.  Faridabad is a district in Haryana and is governed by the Haryana State Laws.


2.  Faridabad is NOT in Delhi and CANNOT be governed by the Delhi State Laws.


3.  Cooperatives (of all kinds including Housing)  are governed by State Laws as follows :


a)    FOR FARIDABAD :
The Haryana State Cooperative Societies, Act, 1984 (Rules 1989)
The Registrar of Cooperative Societies is based at Sahkarita Bhawan, sector-2, Panchkula, Haryana.


b)   FOR NON-FARIDABAD (but only State of Delhi) :
The Delhi Co-Operative Societies Act, 1972
The Registrar Co-operative Societies is based at  Old Court Road, Parliament Street, New Delhi


4.  In the matter instant, IF the property specific is in Faridabad district,  THEN the laws of Haryana State will be applicable (as above in 3a).   The location of Builder's office is immaterial under the Coop. Act  and/or under the Consumer Protection Act or the IPC.


Action against the builder can be inititated only in Faridabad under the Consumer Protection Act or the IPC.


5.  A minimum of 10 members is required to register a Coop.Housing Society.  It is no matter that the ex-faridabad address of members are given for registration purposes.  However the property preamble should be of Faridabad.


Society (or an association)  can be registered even if the building is not ready for possession  AND the officer bearers of the society or association may inititate legal proceedings against the builder and others, for appropriate relief.


Local Faridabad coop advocates  .OR.  the agents outside the Coop. Registrar's office,  would help in getting the Society registered and other documentations.


6.  All legal re-course or airing grievances or solutions (whatever),  pertaining to property of Faridabad,  can be availed off only under the Haryana State Laws.


7.  All Coop. laws  (housing coop)  have in-built provisions for Joint membership or Associate memberships,  wherein a non-title-owner may be empowered to represent the original member.   .OR.  else a POA may be given to the legal representatives to represent the matter with the authorities.


8.  In the matter instant, the following solution is possible in conjunction to each other :


a)  A suit in the Consumer Court (Faridabad only)  for "deliberate negligence in service" and for claiming compensation and damages.


b)  A Writ Petition (WP)  in the High Court (Haryana) seeking directions to the State Police dept and the Civic authorities to Act against the Criminal duping / fraud against the flat owners   .AND.   for specific performance &  compliance of the clauses of the flat-purchase agreement.


c)  the above can be filed by individuals flat owners   .OR.   by the office bearers of a society or association (after due registration is done)


Keep Smiling .... Hemant Agarwal
 

1 Like

Rajesh Tekale (Lawyer)     18 November 2010

I totally agree with hemant agarwal

Seema (Consultant)     19 November 2010

Hi Hemant

Thanks much for detailed response, 

We have been trying to serach for a good agent who can help us with registration, but have nt been much successful so far, Please suggets -

If we have the memorandum of association.. tules/.regulations, affidevits, what are the next steps in this direction

Is there a regitrar office in Faridabad or we need to visist Panchkula for registration

What is the expected turnarond time for society registration

From the members convinience perspective, Is it not possible that we register our society in Delhi, and then the office bearer register a case with Haryana Authoriies

Regards

Seema

Seema (Consultant)     19 November 2010

Also please suggest - What is the process of registration , How easy/difficult it is for a common man/group to get registered as association,

Seema (Consultant)     13 January 2011

Hi

We submitted an application through an advisor for society registration, Our application was rejected on the ground that majority of members are not part of Faridabad New Sectors

Is there any lawyer with exeperience in society registration can help us get registered.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     13 January 2011

1. In the instant matter, make an appeal to next higher authority against rejection of registration on the ground that are mentioned. Attach an undertaking of all the members that they will be actually living in Faridabad, once possession by builder and registration of society is granted. 2. You have no option but to retain a "LOCAL" advocate (expert in coop. matters) for your work. Such advocates aplenty at the offices of Regitrar of Coop. at Faridabad. 3. In this forum itself, you may trace / contract advocates from Delhi / Faridabad: a) Advocate Yogesh (email : advocateymahajan@yahoo.co) b) Advocate Kamal Grover (details not available with me) Keep Smiling .... Hemant Agarwal.

Deepanshu (internet)     13 January 2011

I had also suggested to him that instead of my mother's name alone, we should include all three names so that there is no conflict between us, but he refused for the same and then went ahead to get the property transferred without my signature and without even informing me. [url=https://interneteclub.net/themes]Free Themes[/url] [url=https://interneteclub.net/ebooks]Free ebooks [/url]

Vishal (Consultant)     02 May 2011

This is an inquiry from Rajasthan.

I want to start an NGO, I have following questions in mind:

- Can we register the NGO with Raj. state registration act only?

- Can the members of governing board and executive committee be from other states of India and foreigers as well?

- Is it essential that a society is registered in Rajasthan can have its operations in Rajasthan only? Can it venture into other states?

- What is the registration fees of societies' in Rajasthan?

 

Thanking you in advance

With regards

Vishal Patwari

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     03 May 2011

for  "vishal" :

 

1.  An NGO may be registered under the  "The Societies Registration Act, 1860".

 

2.  IF an NGO is registered under the above Act,  THEN  "any & all"  activities of the NGO may be conducted all over India and any citizen of India, residing anywhere in India, may be appointed as office bearer, volunter or whoever.

 

3.  The above is however subject to the preamble of NGO's constitution (AOA & MOA).  Some more specific activities of the NGO may have to be conducted after obtaining permission from the respective state authorities.

 

4.  In maharashtra, an NGO may ALSO additionally be registered under the Trust Act and all the registration process under the Trust Act and the Societies Registration Act, 1860 is under the jurisdiction of the District  Charity Commissioner  AND NOT with the Coop. dept.  However in Rajasthan the state might have deputed this jurisdiction to some other dept, which needs to be consulted with an local lawyer or with the State Charity Commissioner.


Keep Smiling .... Hemant Agarwal
 

ryan (asst b/m)     30 June 2011

1. What's the period taken when the secretary of a housing society resigns and the new member is replaced.

2. If the MC members do not act on clearing the staircase landings filled with shoe racks, flower pots etc.... then wat is the next step taken,coz some members have filled their space outside their flats with the above mention things , and are not willing to clear them ,so then who takes the call on it.


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