Cooperative society
kumarjainn
(Querist) 09 April 2013
This query is : Resolved
sir
we made a cooperative society for residential plots in Ghaziabad, U.P. and paid the cost of the plot to the society in the year 1990. the society has been taken over by land mafia. they are interested in building flats in the land. few years back the society demanded lumpsum payment from the members which they did not give and therefore the membership was dismissed from the society as defaulters. we approached the court and lucknow bendh of allahabad high court restored our membership as we had paid the cost of the land and ordered that membership cannot be cancelled. society appealed in supreme court which has dismissed there application. now the society is building flats in the society. they are saying that flats will be ready by march, 2014 and they will give one flat free of cost to all the members of the society in place of plot. but they are not giving anything in writing. they say that in AGM the members had agreed to build flats. can we trust them and wait till march 2014 when the flats are completed. in case they donot give us flat at that time can we file "contempt of court " in Supreme court as they have stopped accepting us as member of the society and giving flats to their new memebrs. they are constructing 1200 flats. original members are 125 whom free flat is to be given and rest flats will be sold in the market. the cost of the flat is around 50 lacs. what happens if they ask us to contribute say 10 /20 lac towards cost of construction etc. we will have to pay the stamp duty also if they give us the flat.
Raj Kumar Makkad
(Expert) 09 April 2013
If they have assured you in the litigation and if the condition of the construction is what you told in the query then either a contempt of court proceeding may be initiated or you all may file a suit seeking execution of the undertaking.
Even then this is in your interest to get the written undertaking or an agreement duly registered otherwise nothing can be opined about future.
kumarjainn
(Querist) 10 April 2013
sir
thanks
they have not assured anything in litigation neither they have given us anything in writing that they will give us a flat free of cost. they are only verbally saying that they will give us a flat free of cost as we are member of the society and have paid the cost of the plot. though earlier they had dismissed our membership which was restored from the lucknow bench of allahabad high court on the ground that we have paid the cost of the plot and therefore our membership cannot be cancelled. their appeal in supreme court was also dismissed. so the society has to accept us as a member of the society. if they do not accept us a member of the society will it not amount to contemp of supreme court. if they do not give us flat as verbally promised does this not amount to saying that they do not accept us member of the society which again amount to contempt of supreme court. yes, in High court they had said that AGM has approved for construction of flats and therefore the members will get 130 sq yards flat each. If we have a strong case of contemp of supreme court in the event they do not give us flat as verbally promised then they will be forced to give us a flat as verbally promised. pl. advice can we approach supreme court in that case.
they are not giving anything in writing. perhaps they may fear some members may go to court and demand two or more flats in liew of plot as they are building 20 storey flats on the land
kumarjainn
(Querist) 10 April 2013
sir
they are not giving anything in writing.
Adv k . mahesh
(Expert) 10 April 2013
tell them to give with in a stipulated time period if not go to court for contempt of court
