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

Detailed Legal Analysis

If your cooperative society in Shimla is refusing to transfer your flat share, you can file a complaint with the Registrar of Cooperative Societies and potentially approach the Cooperative Tribunal if necessary.

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

• Review the Society's Bye-Laws: Before taking further steps, check the bye-laws of your cooperative society, as they govern the transfer of shares and ownership. Look specifically for clauses related to share transfer procedures.
• Gather Documentation: Collect all necessary documents that support your complaint, including:
  • Your share certificate
  • Any correspondence with the society regarding the transfer
  • Proof of payment for the flat share
• File a Written Complaint: Draft a formal written complaint addressed to the managing committee of the cooperative society detailing your request for transfer and the society's refusal. Ensure you send this via a registered post to have a record of your communication.
• Contact the Registrar of Cooperative Societies: If the society does not respond or refuses your request, escalate the issue by filing a complaint with the Registrar of Cooperative Societies, Himachal Pradesh. You can do this by:
  • Visiting the Registrar's office in Shimla or through their official website.
  • Submitting a complaint along with copies of your documentation and the society's response (if any).
• Approach the Cooperative Tribunal: If the issue remains unresolved after the Registrar’s intervention, you may file an appeal before the Cooperative Tribunal under the Himachal Pradesh Cooperative Societies Act, 1968. This act provides a legal framework for resolving disputes in cooperative societies.
• Cite Relevant Laws: Your complaint can be supported by the following provisions:
  • Section 69 of the Himachal Pradesh Cooperative Societies Act, 1968, which empowers the Registrar to take action against the cooperative societies for contravening the provisions of the Act.
  • Section 80 of the same Act, regarding disputes related to the management and affairs of the society.

Ensure that you approach these steps methodically and maintain copies of all communications for your records. Legal recourse can help resolve your issue effectively.