Sudip (IT) 11 March 2012

Can co operative housing society demand donation during memb

Can Co operative Housing society demand donation during member transfer in Kolkata?

Hi,

1. Existing member have resigned and proposed the transfree in my name.
2. We have got the approval from the society as a transferee.
3. We have paid the money to the existing member on the same day.
4. After two days Society has sent a letter to the existing member to donate Rs 50,000 which we are not aware of that.
5. Now existing member is not ready to pay the money.
6. Now the society is not ready to give the share certificate unless society will not receive the donation money.
7. Now society is pressuring us to pay that money otherwise they will not give the share certificate.
8. This is like, they have traped us to extract the money.

Please suggest if society can demand donation during transfer.

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3 Replies

AMAR RANU (Legal consultancy) 11 March 2012

All forced donations amounts to extortion.

Almost all co-operative housing societies in Meropolitan cities are taking donations but there are legal ways to do that but forced donations are crude methods for which law must take its own course.

Sudip (IT) 02 April 2012

Hi Amar,

Thanks for your reply. Now the scenario is-

Since seller is not paying the Rs 50000 as a donation and now society is saying the only way the membership can be done if we have to pay the same amount as cash and they will give the receipt in the owner's name.

What I was thinking I have given some post dated cheque to the seller and can I cancel the same amount of cheque? Will it be an offence?

Because I cannot also give the justification that I have paid the Rs50000 to the society on behalf of the seller, because society is giving the receipt in the owner's name.

Please suggest.

Thanks

AMAR RANU (Legal consultancy) 03 April 2012

Since the aforesaid matter has become complicated due to mishandling of the novice committee members and partly due to your ignorance in the matter,now you can take this matter directly to Registrar of your society for its redressal.