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harassment by members of cooperative housing society what can be done


19-Mar-2023 (In Property Law)
I hv motor garage which i converted to commercial by paying commercial assessment before 25 Years i also hv gumasts licence on same address now one member who was secretary previously wants to give redevelopment of bldg to his own brother without following due process of law i objected he is threatening me of dire consequences and also threatening that 3/4 Majority members r with him and u/S 79 A he will not give me any place after redevelopment and put me on the road my commercial motor garage is 170 SqFeet pl advise sir
Answers (2)

Answer #1
775 votes
Section 79A of the said Maharashtra Co-operative Societies Act, 1960, The registrar may direct any society or class of societies, to keep proper books of accounts with respect to all sums of money received and expended by the society, and the matters in respect of which the receipt and expenditure take place all sales and purchases of goods by the society, and the assets and liabilities of the society, and to furnish such statements and returns and to produce such records as he may require from time to time; and the officer or officers of the society shall be bound to comply with his order within the period specified therein.


(2) Where any society is required to take any action under this Act, the rules or the byelaws, or to comply with an order made under the foregoing sub-section, and such action is not taken-

(a) within the time provided in this Act, the rules or the bye laws, or the order as the case may be, or


(b) where no time is so provided, within such time, having regard to the nature and extent of the action to be taken, as the Registrar may specify by notice in writing.

the Registrar may himself, or through a person authorised by him, take such action, at the expense of the society; and such expense shall be recoverable from the society as if it were an arrear of land revenue.

(3) Where the Registrar takes action under sub-section (2), the Registrar may call upon the officer or officers of the society whom he considers to be responsible for not complying with the provisions of this Act, the rules or the bye-laws, or the order made under sub-section (1) and after giving such officer or officers an opportunity of being heard, may require him or them to pay to the society the expenses paid or payable by it to the State Government as a result of their failure to take action and to pay to the assets of the society such sum not exceeding twenty-five rupees as the Registrar may think fit for each day until the Registrar's directions are carried out.


You can file a case against the co-operative society for not following the due procedure established by law in the civil court.

Answer #2
571 votes
As in earlier query I have replied that if you have any apprehension then you may better take initiate and issue a legal notice as well may file a caveat application and also keep informed the concerned authorities including local police in writing. If necessary you may also give public notice to secure you part of interest.

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