Q No1 . can a member of cooperative society directly file a writ petition in high court without going to cooperative court in respect of the disputes i.e regarding allotment of plots, against cooperative society ? If so please give me the details.
Q.No 2. Sir, I am a member of cooperative housing society since last 17 years. Society till date has not allotted a plot to me. I has paid charges for the plot. The society has given me the share certificate , plot transfer certificate & receipt of payment towards membership fee transfer fee , donation etc. Now the society has made the agreement with the builder for development. Society has also made confirmation deed with builder without the written consent from all the members of society. Society has not given the copy of the agreement/confirmation deed or even draft copy & never discussed with the conditions of the agreement/ confirmation deed with the members of society. Society has arrange the general body meeting on 28.09.2013 for discussion on & finalization. All the present members has opposed the decision taken by the society regarding confirmation deed without prior written consent from members. Now the managing committee tells us that the agreement is done with the builder. rs 100000/- is the amount per plot the builder has finalized the amount. This price is very very less as compared to the current market price. can society members challenge this decision /agreement/confirmation deed in the high court. I s there any merit in this case. Was the agreement/ confirmation deed is legal ? I request your kind advice in this regards.
Thanks & regards,
2 Answers from Attorneys
1. A writ is not maintainable. You may file a suit.
2. You may file a suit for mandatory injunction, against the builder along with an application for stay against the builder.
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You may see a lawyer in this matter with documents and a writ petition can be filed in the high court.
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