Pandri (Person) 02 July 2024

Maintainability consumer dispute against co-operative society

My situation is as follows:

A cooperative house society sold a plot of land to its member 'A' in 1986. 'B' bought the plot from 'A' in 1989. 'B' is the current owner. 'B' recently discovered that original sale deed executed by the Society has an error: one survey number out of 5 survey numbers is mistyped as nnn/13 instead of nnn/3.

My questions are:

1. Is member of a coop society 'A' a 'consumer'. Pl list landmark judgements.

2. Is 'B' also regarded a 'consumer' capable of raising consumer dispute against the Society as 'B' has stepped into shoes of 'A' and thus inherited rights. Pl cite case laws.

3. Is an error committed by the Society in incorrectly typing a survey number treatable as 'deficiency of service' capable of qualifying as a valid dispute? Pl list case laws.

4. Can Consumer forum order Society to execute Rectification deed in favor of 'B' the current owner.

Request clarifications and case laws to help me out. Thanks a tonne in advance.

Reply Follow

2 Replies

T. Kalaiselvan, Advocate (Advocate) 03 July 2024

1. You can look for landmark judgments yourself or through your advocate.

2. Did the B exhaust the remedy with the soceity first, if yes then he can escalate the matter through consumer forum.

3. If the error is rectifiable then why don't you try to get it rectified

4. Nothing can be predicted.

Pandri (Person) 04 July 2024

Thank you Kalai sir for response. Permit me to clarify/ask:

1. I tried for landmark judgements. If you have any good ones off the cuff, pl share.

2. Yes ..B requested society. President is a know rowdy in the area. B was shouted out after being threatened.

3. I dont understand your point. Yes error is and needs to be rectified for the sake of correctness of regostered documents and to reflect true intention of the parties. 'Get it rectified' ..how when society is refusing/demanding huge money for a task that should be done free.

4. Yah...nothing can be predicted in life and in law.

Pl let me know if thare are any actionable thoughts on your side. Thanks indeed.