Housing Society Registerd under M.P.Society Registration Act, 1973

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You should file a suit against the society under section 64 of MADHYA PRADESH/CHHATTISGARH CO-OPERATIVE SOCIETIES ACT, 1960 as early as possible for your clarification I'm referring here section 64 of the act which is as under:- 64. Disputes: - (1) Notwithstanding anything contained in any other law for the time being in force, [any dispute touching the constitution, management or business, or the liquidation of a society shall be referred to the Registrar] by any of the parties to the dispute if the parties there to are among the following:- (a) a society, its committee, any past committee, any past or present officer, any past or present agent, any past or present servant or a nominee, heirs or legal representatives of any deceased agent or deceased servant of the society, or the liquidator of the society ; (b) a member, past member or a person claiming through a member, past member or deceased member of a society or of a society which is a member of the society ; (c) a person other than a member of the society who has been granted a loan by the society or with whom the society has or had business transactions and any person claiming through such a person. d) a surety of a member, past member of deceased member or a person other than a member who has been granted a loan by the society, whether such a surety is or is not a member of the society. (e) any other society or the liquidator of such a society; and (f) a creditor of a society. (2) For the purposed of sub-section (1), a dispute shall include - (i) a claim by a society for any debt or demand due to it from a member , past member or the nominee, heir or legal representative of a deceased member, whether such debt or demand be admitted or not; (ii) a claim by a surety against the principal debtor where the society has recovered from the surety any amount in respect of any debt or demand due to it from the principal debtor as a result of the default of the principal debtor, whether such debt or demand be admitted or not; (iii) a claim by a society for any loss caused to it by a member , past member or deceased member, any officer, past officer or deceased officer, any agent, past agent or deceased agent, or any servant , past servant or deceased servant or its committee, past or present , whether such loss be admitted or not ; (iv) a question regarding rights, etc., including tenancy rights between a housing society and its tenants or members; and ¹ [(v) any dispute arising in connection with the election of any officer of the society or of composite society; Provided that the Registrar shall not entertain any dispute under this clause during the period commencing from the announcement of the election programmed till the declaration of the results]. (3) If any question arising whether a dispute referred to the Registrar is a dispute, the decision thereon of the Registrar shall be final and shall not be called in question in any court. And it also take in mind that limitation is also there for filing the suit under section 64 of such act. As per section 65 the limitation is defined as under:- 65. Limitation - (1) Not with standing anything contained in the Indian Limitation Act, 1908 (IX of 1908), and subject to the specific provisions made in this Act, the period of limitation for referring the disputes mentioned below to the Registrar under section 64 shall - (a) when the dispute relates to the recovery of any sum including interest thereon due to a society by a member thereof, be six years from the date on which such member dies or ceases to be a member of the society. (b) when the dispute is between a society or its committee and any past committee, any past or present officer , or past or present agent, or past or present servant or the nominee, heir or the legal representative of a deceased officer, deceased agent or deceased servant of the society, or the legal representative of a deceased member and when the dispute relates to any act, or omission on the part of either party to the dispute, be six years from the date on which the act or omission with reference to which the dispute arose, took place; (c) when the dispute is in respect of any matter touching the constitution, management or business of a society which has been ordered to be wound up under Sec. 69 or in respect of which a nominated committee or a person or persons has or have been appointed under Sec. 53, be six years from the date of the order issued under Sec. 69 and Sec. 53, as the case may be [(d) when the dispute is in connection with the election of any officer of a society, be forty-five days from the date of declaration of the result of such election.] I hope this advice will help you for your further action.

Advocate Rohit Jagwani LawRato