Short Answer

Yes, members can approach RERA or other forums while a cooperative case is ongoing.

Detailed Explanation

According to Section 91 of the Gujarat Cooperative Societies Act, 1961, members have the right to seek legal remedies through other forums like RERA even if a cooperative case is ongoing. This section allows individuals to pursue their grievances or disputes through alternative legal channels without being restricted by the ongoing cooperative proceedings. In practice, this means that members can simultaneously seek redressal from RERA or other appropriate forums while the cooperative case is being heard.

Furthermore, Rule 89 of the Gujarat RERA Rules provides a specific mechanism for filing complaints with the Real Estate Regulatory Authority. This rule outlines the procedure for lodging complaints related to real estate projects, including issues such as delays in possession, quality of construction, or any other violations of RERA regulations. Therefore, members facing issues with a cooperative society can utilize this provision to address their concerns through the RERA platform.

In real-world scenarios, consider a situation where a member of a cooperative society is dissatisfied with the construction quality of a project and decides to file a complaint with RERA for resolution. Despite an ongoing case within the cooperative society regarding the same matter, the member can still seek relief through RERA as per the provisions of Section 91 of the Gujarat Cooperative Societies Act, 1961.

Another practical example could involve a dispute over maintenance charges between a member and the cooperative society. If the member feels that their concerns are not adequately addressed within the cooperative framework, they have the option to approach RERA or other appropriate forums for resolution, ensuring that their rights are protected under the law.

In summary, members of cooperative societies in Gujarat have the legal right to approach RERA or other forums for redressal while a cooperative case is ongoing, as provided under Section 91 of the Gujarat Cooperative Societies Act, 1961, and Rule 89 of the Gujarat RERA Rules.

References

• Section 91 of the Gujarat Cooperative Societies Act, 1961: Official PDF

• Rule 89 of the Gujarat RERA Rules: Official PDF