Managing Committee not transferring co-operative membership
The managing committee of the co-operative housing society some times do not transfer the membership on the name of the purchaser of a flat due to reasons which are not directly related to sale or purchase.
While applying for membership the managing committee is absolutely right in not transferring the membership if the purchaser has not paid the following”
(I) Transfer fee of Rs.500/- only
(II) Share Money – as laid down in the Bye Laws of the Society.
(III) Admission Fee – as laid down in the Bye Laws of the Society.
FOR CONVENIENCE OF PURCHASER
The new entrant member may ask for a copy of the Bye Laws of the society and verify the demand of the Society.
PROCEDURE FOR TRANSFER
On application made by the Seller or Purchaser of the flat, the co-operative society is required to issue a Demand Letter to the applicant mentioning the amount required to be deposited in the society for this purpose. On receipt of the demand letter the money is required to be paid to the society & receipt obtained for the purpose.
WHEN THE CO-OPERATIVE SOCIETY WILL GIVE MEMBERSHIP
The co-operative society is required to issue the letter issuing a membership certificate to the new member in not more than 30 days from the date of receipt of above amount along with registered sale deed, or agreement to sell etc. In case of refusal of the society, the applicant may appeal to the Registrar within 30 days and then the decision of the Registrar shall be final.
IF THE APPLICANT DO NOT APPEAL TO REGISTRAR
If the purchaser of the flat do not appeal to the Registrar of co-operative societies, he / she cannot claim anything for the delay caused by the society in transferring the membership to him / her.
PENALTY CAN BE IMPOSED ON SOCIETY FOR DELAY
U/Sec 118(9) a penalty up to Rs.10,000/- may be imposed by the Registrar of co-operative societies for delay on the co-operative society, solely at the discretion of the Registrar.
WHO SHOULD BEAR THE PENALTY
Actual jurisprudence, the society or general body or all the members are not responsible for the delay. In fact such a delay is caused by the members of the managing committee at that time. Therefore U/Sec 122(3) and Rule 101, the members of managing committee shall have to pay the amount of penalty imposed on the Society.
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