State forum order

Querist : Anonymous (Querist) 16 September 2011 This query is : Resolved
I filed a case against a co-operative society for not transferring the plot for which i am one of the two nominees and our contention was that there is a deficiency of service on the part of the Society & the dist forum was of the same view.This was contested by the Society & also some other non-nominees in the family. The civil court & high courts have dismissed the suits files by non-nominees for default more than two years ago.
as per bye-laws of the society within a month the application for membership should be presented before the Managing committee: this they have not done. other bye-law says that if application if not been taken up within 60 days the applicant is deemed to be a member. The society refuses to admit two nominees though the bye-laws doesn't indicate such rule.
the state forum instead of addressing the issue of deficiency of service passed an order asking the petitioner to approach civil court for redressal since it's a property matter despite the suits filed in the courts have been dismissed.
please advise what am I to do now.

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jitender pawaria (Expert) 16 September 2011
first to you should approach registrar of co-operative regarding your complaint along with certified copies of memorandum of co-operative society and receipt which is issued by society against your amount which you deposit in form of considration amount for plot.

then if you not satisfied with registrar you filed an application under R.T.I Act to registrar and ask for his complaint which action taken by him against society.

then you initiate further proceeding it depend upon situation and registrar`s reply which he send you against you complaint civil suit made out or criminal complaint made out.

prabhakar singh (Expert) 17 September 2011
i absolutely agree with advise advanced by Mr. Jitender Pawaria.

Shastri J.K. (Expert) 17 September 2011
I also agree with advise advanced by Mr. Jitender Pawaria.

Chanchal Nag Chowdhury (Expert) 18 September 2011
Co-operative laws of different States have their own mechanisms for dealing with such problems. It is usually the Registrar of Co-operatives who is given the authority to address such issues & the jurisdiction of the civil court is barred.
U R advised to check the local Co-operative laws & act accordingly.

Guest (Expert) 18 September 2011
Agree with Shri Jitender Pawaria.

Querist : Anonymous (Querist) 18 September 2011
Sri C N Chowdhuryji,

Sir,
will you please clarify on "the jurisdiction of civil court is barred". If it's barred under which section/law ? Please let me also know if I have to approach a Civil Court(as per Consumer Court order) or should I submit my plea to the Registrar of State Co-op. Societies only to get my grievance addressed. For want of proper guidance i have been running between different courts & forums from the past 11 years. I will be ever grateful if you guide me in the matter. Thanks a lot.

pritamsaini (Expert) 22 September 2011
co opreative society act is a local law without gone through the act how an definate advised could be given.i suggest you firstly mention name of state in which property is situated then it may be possible for expert of a concerned state to give you proper advised.

girish shringi (Expert) 22 September 2011
I am agree with Mr. Pritam Soni.

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