Cooperative society flat
kumarjainn
(Querist) 27 December 2012
This query is : Resolved
sir
we are members of a cooperative society for allotment of plot in Ghaziabad U.P., which is now taken over by buider after manipuation and is constructing flat in the society. we had paid the cost of land in 1990. builder had suggested to give one flat free to original members in place of plot by march 2014. some member argued that cost of land is increased manifold and so they should be given two/three flats as the builder is planning to constuct 20 storey towers. he has already constructed 10 floors of seven towers. so the proposal could not succeed. we approached an advocate who suggested to file arbitration case in lucknow and demand for plot. he thinks that he will be able to settle the dispute and final outcome will be that one flat will be assured and accordingly orders will be issued. he said that if arbitration is not filed the builder may not give anything and run away after selling all the flat.
should we go for arbitration case or not. please advice
kumarjainn
(Querist) 27 December 2012
hello
sir
please advice what to do. whether we should go for arbitration or not. the builder said that in 2007 AGM the decision for building flat was taken . but the minutes of the AGM was not approved by subsequent AGM. In the current AGM of 2012 the minutes was to be approved but as members demanded more flat AGM could not proceed furtherand the minutes could not be approved. it is therefore clear that no AGM was held after 2007.
ajay sethi
(Expert) 27 December 2012
i is better you consult a local lawyer . is there any arbitration agreement in the contract ? if so then you can invoke arbitration clause .
kumarjainn
(Querist) 27 December 2012
sir
perhaps i have not been able to explain properly. there is no contract with the society. we are members of cooperative society for allotment of plot for housing. the executives of society has changed the nature of society and they are building flats instead of alloting plots to its members. we doubt there intention of alloting one flat each to original members as they have not done any agreement. they are only verbally saying that by march, 2014 they will give us one free flat. we discussed with our local lawyer who is advising to file arbitartion agreement in lucknow awas vikas office. so that some formal agreement can be done. otherwise the society exuctives may not give us flat and after selling all the flats may run away . is this advice proper. should we file arbitration case against the society. pl. advice
kumarjainn
(Querist) 27 December 2012
sir
in arbitration can arbitrator force his decision on us or not. if we do not agree with the settlement can we refuse to accept the settlement or we will have to accept the settlement forcefully. things may go out of our hand.
ajay sethi
(Expert) 27 December 2012
if you are aggrived by decision of arbitrator you can always challenge the award in court
ajay sethi
(Expert) 27 December 2012
how can executive change nature of the society without consent of majority of members . was such adecison taken in AGM ? were the minutes of AGm circulated ? if you are aggrived by decision of cooperative society you should have challenged the said decision in court of law . dragged soc to court .
kumarjainn
(Querist) 28 December 2012
sir
the decision was taken in AGM held in 2007. since then no AGM has been held. Minutes of the AGM has not yet been provided to us. out of 250 members only 65 members attended the AGM of 2007 and a decision was taken to convert the society from plot to flat. should we challange the decision in court or we should file arbitraion. the society executive is offering to give us one flat free. can we achieve more in arbitration. will the society executive give us the flat or after selling all the flats numbering 1200 will run away and we will not get anything if we do not file arbitration this is our concern.pl advice
ajay sethi
(Expert) 28 December 2012
was the decision cllaing AGM in 2007 communicated to all members ? was the sissue of conversion on agenda? was there sufficent quorum ?
if no AGM held for 5 years you should have applied for appointment of administrator for society . it is better you contact a good senior lawyer
Raj Kumar Makkad
(Expert) 01 January 2013
It seems that you all are also very lethargic and have taken no initiative since last 5 years so better to approach local lawyer.
kumarjainn
(Querist) 16 February 2013
sir
local lawyer is advicing to file arbitration in lucknow. but we are afraid society can influence the arbitrtors with money power and instead of free flat offered by society now the arbitrator may order to pay some amount say Rs. 10 lacs against cost of flat. this is our concern in filing arbitration case. but the lawyer feel if we do not file arbitration case the society may not give you free flat as promised. pl. advice. our past experience is that even lawyers misguide us for their persnal gains from opposite party. since last ten year we are paying to the lawyer for our case and he is not doing the right job. now our lawyer has expired and a new lawyer has said that we have been misguided by the earlier lawyer. the writ filed be old lawyer in lucknow bench was rejected on the ground that we cannot approach for relief through writ.
