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

Detailed Legal Analysis

If your cooperative society in Haldwani is refusing to transfer your flat share, you can file a complaint with the Registrar of Cooperative Societies in Uttarakhand, as well as seek recourse through the Consumer Forum or civil court if necessary.

Here are the steps you should follow to address this issue:

• Review Society By-laws: Check the by-laws of your cooperative society to understand the specific provisions related to the transfer of shares. Look for clauses that outline the procedures and requirements for transfer.
• Document Communication: Keep a record of all communications with the society regarding your request for transfer. This includes written requests, responses, and any meetings held.
• File a Grievance with the Society: If you have not done so already, submit a formal grievance to the managing committee of the society, stating your request for transfer along with necessary documents and justifications.
• Contact the Registrar of Cooperative Societies: If the society does not provide a satisfactory response, you can approach the Registrar of Cooperative Societies in Uttarakhand. You can submit a written complaint that includes:
• Your name and address
• Details of the flat and the share being transferred
• Reasons for the refusal by the society
• Copies of relevant documents such as your membership certificate, communication with the society, etc.
• Consumer Forum: If the society’s refusal is deemed to be unfair or if you have suffered loss due to their actions, you may file a complaint in the Consumer Forum under the Consumer Protection Act, 2019. The relevant sections include:
• Section 2(1)(d) – Definition of services
• Section 12 – Complaint to the Consumer Forum
• Civil Court: As a last resort, you may file a suit in a civil court under the specific relief act if the above steps do not yield results. The Specific Relief Act, 1963, particularly Section 34, allows you to seek specific performance of the contract.

It is advisable to seek legal assistance for the preparation of the necessary documents and to navigate the legal processes effectively.