Short Answer

Yes, a member can sue the society or developer individually for being left out or harmed by redevelopment.

Detailed Explanation

Section 63 of the Gujarat Cooperative Societies Act, 1961 empowers a member to take legal action against the society or developer for any grievances related to redevelopment. This section states that any dispute arising between a member and the society or its committee can be referred to the Registrar for resolution. If the dispute remains unresolved, the member has the right to approach the Civil Court for appropriate relief.

Furthermore, Rule 123 of the Gujarat Cooperative Societies Rules, 1965 provides a detailed procedure for filing a complaint against the society or developer for negligence or malpractice during the redevelopment process. This rule outlines the steps to be followed, including submitting a written complaint to the Registrar, providing evidence of harm or negligence, and attending hearings as required.

In practice, if a member feels that they have been unfairly treated or harmed during the redevelopment process, they can first try to resolve the issue through discussions with the society or developer. If no resolution is reached, the member can then follow the formal complaint procedure outlined in the Act and Rules.

Practical Examples

• Mr. Patel, a member of a cooperative housing society, was left out of the redevelopment plan without any valid reason. He can file a complaint with the Registrar under Section 63 of the Act.

• Ms. Shah suffered financial losses due to the developer's negligence in carrying out structural repairs in the society. She can seek legal recourse by following the procedure laid out in Rule 123 of the Rules.

• Mr. Desai faced structural damages to his property during the redevelopment process, leading to financial losses. He can approach the Civil Court for appropriate relief as per Section 63 of the Act.

References

• Section 63 of the Gujarat Cooperative Societies Act, 1961: Official PDF

• Rule 123 of the Gujarat Cooperative Societies Rules, 1965: Official PDF