My cooperative society in Delhi is refusing to transfer my flat share; where do I complain?

Detailed Legal Analysis

If your cooperative society in Delhi is refusing to transfer your flat share, you can file a complaint with the Registrar of Cooperative Societies or approach the Cooperative Tribunal to seek redressal.

Here are the steps and options you can consider:

• Approach the Cooperative Society:
  • Initially, try to resolve the issue directly with the cooperative society's managing committee. Request a formal meeting to discuss your concerns.
  • Collect all relevant documents, such as your share certificate, transfer application, and any correspondence with the society.
• File a Complaint with the Registrar:
  • If the society continues to refuse the transfer without valid reasons, you can lodge a complaint with the Registrar of Cooperative Societies, Delhi.
  • The relevant law governing this is the Delhi Cooperative Societies Act, 2003, specifically Section 60, which empowers the Registrar to resolve disputes.
  • Submit your complaint in writing along with supporting documents, and ensure to keep a copy for your records.
• Seek Redressal from the Cooperative Tribunal:
  • If the issue persists or if you are not satisfied with the Registrar's decision, you can appeal to the Delhi Cooperative Tribunal.
  • This option is provided under Section 76 of the Delhi Cooperative Societies Act, 2003, which allows for appeals against orders or decisions of the Registrar.
  • The Tribunal will conduct a hearing, and both parties will have the opportunity to present their case.
• Gather Evidence:
  • Compile all evidence and documentation that supports your claim, including any rules or by-laws of the cooperative society regarding the transfer of shares.
  • Keep records of all communications with the society regarding the transfer request.
• Consider Legal Action:
  • If all else fails, consider consulting a lawyer specialized in cooperative law to explore the possibility of filing a civil suit for specific performance or damages.
  • Legal recourse may be necessary under the provisions of the Specific Relief Act, 1963, if the society is unjustifiably withholding consent.

By following these steps, you can pursue a resolution regarding the refusal of your cooperative society to transfer your flat share.