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

Detailed Legal Analysis

If your cooperative society in Hubli is refusing to transfer your flat share, you can file a complaint with the Deputy Registrar of Cooperative Societies in your area, and if needed, escalate it to the Cooperative Tribunal.

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

• Review the Society's By-Laws:
  • Check the cooperative society's by-laws regarding the transfer of shares and the procedure to be followed.
  • Ensure that you have complied with all the requirements stipulated for the transfer.
• Submit a Written Request:
  • Draft a formal request addressed to the managing committee of the society, detailing your request for transfer and any reasons for the society’s refusal.
  • Attach any necessary documents, such as proof of ownership, identity proof, and any relevant correspondence.
• File a Complaint with the Deputy Registrar:
  • If the society does not respond or denies your request unjustly, you can approach the Deputy Registrar of Cooperative Societies.
  • Prepare a complaint in writing, including all pertinent details and supporting documents.
  • The Deputy Registrar will investigate the matter and may call for a hearing.
• Escalate to the Cooperative Tribunal:
  • If you are not satisfied with the Deputy Registrar’s decision, you can appeal to the Cooperative Tribunal under Section 76 of the Karnataka Cooperative Societies Act, 1959.
  • The appeal must be filed within a specific period as prescribed by the Tribunal rules, typically within 30 days of the order from the Deputy Registrar.
• Seek Legal Advice:
  • If the situation does not resolve through the above channels, consider consulting a lawyer specializing in cooperative law for further action.
  • Legal options may include filing a suit for specific performance or damages in a civil court.

Relevant laws that govern cooperative societies include:

• Karnataka Cooperative Societies Act, 1959
• Indian Contract Act, 1872 (for contractual obligations)

By following these steps, you will be able to effectively address the refusal of your cooperative society to transfer your flat share.