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

Detailed Legal Analysis

If your cooperative society in Erode is refusing to transfer your flat share, you can file a complaint with the Registrar of Cooperative Societies, as well as explore legal remedies through the Cooperative Tribunal or civil courts.

Here are the steps you can take to address this issue:

• Understand the Grounds of Refusal: First, ascertain the reasons provided by the cooperative society for the refusal to transfer your flat share. Common grounds may include outstanding dues, non-compliance with society rules, or any legal restrictions.
• Check Society By-Laws: Review the by-laws of your cooperative society, as they outline the procedures for transfer of shares and the rights of members. Ensure that your application for transfer adheres to these rules.
• Write a Formal Complaint: If you believe the refusal is unjustified, draft a formal complaint addressed to the managing committee of the cooperative society, highlighting your concerns and requesting a resolution. Keep a copy for your records.
• Approach the Registrar of Cooperative Societies: If the issue remains unresolved, you can escalate your complaint to the Registrar of Cooperative Societies under the Tamil Nadu Cooperative Societies Act, 1983 (Section 77). The Registrar has the authority to investigate and take action against the society if they are found to be acting contrary to the provisions of the Act.
• File an Application with the Cooperative Tribunal: You can also file a petition with the Cooperative Tribunal under Section 91 of the Tamil Nadu Cooperative Societies Act, which deals with disputes concerning the management of the society, including share transfers. The Tribunal has the power to adjudicate and provide relief.
• Seek Legal Recourse: If all else fails, consider seeking legal advice and potentially filing a civil suit in the appropriate civil court for breach of your rights as a member of the cooperative society. The court can order the transfer of shares if it finds in your favor.

It is advisable to maintain all records of communication with the cooperative society and any documents related to your shareholding, as they may be useful in your complaint or subsequent legal action.

Remember, under the Tamil Nadu Cooperative Societies Act, 1983, members have specific rights, and refusal to transfer shares without valid reasons may be deemed unlawful.