Our Cooperative Housing Society is located in Kolkata under purview of West Bengal Coop Soc Act 2006/Rules 2011.
Ours is a 50 year old 10 storied building and reecently after sudden collapse of a sun shade in 8th floor, the Managing Committee appointed an Architect Firm for inspection. Subsequent to their report the Managing Committee assigned the building repair job costing around Rs.40 lacs to a Civil Contractor Firm who had already commenced the job. The Managing Commitee has called a Special General Meeting next week to discuss the sharing of cost between the Society and the members at 50% basis.
The question is:
1) Whether for undetaking such major building work costing around Rs.40 lacs, was it mandatory on part of the Managing Committe of the Coop Soc. to invite tenders prior to assigning such major construction job?
2) If so, under which sections of the West Bengal Coop Soc Act 2006/ Rules 2011 and/or a court ruling, if any, the Managing Committee can be forced to invite tenders for such high cost major building repair job for maintaining transparency in such transactions?
Kindly give valued legal opinion and advice.
