Injunction against commercial coop society in mumbai
Todi
(Querist) 30 July 2013
This query is : Resolved
Pl. intimate if a non member owner of a co operative society can file injunction suit in the co op court for not allowing the owner to use / furnish /rent out the room. In fact a lawyer has suggested that as the room is in a registered society in Mumbai Injunction suit has to be filed in Co op court only. Awaiting advice of experts.
Anish Thakur 7018812737
(Expert) 30 July 2013
it depends upon the society laws inacted in that state,however you can also approach consumer court in your problem which will help you in speedy disposal of your complaint.
Todi
(Querist) 30 July 2013
Mr. Anish, With due respect to your experience, we have been informed that such matters are not taken up by Consumer Courts as it is not about deficiency in service by the society. Other experts if any from Mumbai pl. advice
Devajyoti Barman
(Expert) 31 July 2013
MR Todi..I have seen your two queries of two different natures.
Are you an advocate?
Todi
(Querist) 31 July 2013
Dear Mr. Barman, I would not be raising such queries if I would be a advocate. Incidentally close relatives are in to trouble and so I seek the advice of experts for a right approach. Pl. do use your experience and advice. It matters a lot for lay people ignorant of laws. Regards
V R SHROFF
(Expert) 01 August 2013
IN EITHER CASES:
ADVOCATE IS A MUST FOR THIS JOB,
In your case, it is to be decided, whether your facts comes under the "business of the co-op society"
and the disputants are either members of society or not?[ IN SHORT whether sec 91 of Mah co-op soc act applies?]
Civil court doors are always open.. if claim is legal
and sec 91 do not apply.
