Short Answer

Yes, a society can sue the developer under the Gujarat Cooperative Societies Act, 1961 if the redevelopment is botched.

Detailed Explanation

Section 63 of the Gujarat Cooperative Societies Act, 1961 empowers a cooperative society to take legal action against any person, including a developer, for any breach of the Act or the society's bylaws. If the developer fails to fulfill their obligations in a redevelopment project, such as substandard construction, delays, or deviations from approved plans, the society can file a complaint with the Registrar of Cooperative Societies. The Registrar may then initiate an inquiry, impose penalties, or even cancel the developer's registration.

Furthermore, Rule 86 of the Gujarat Cooperative Societies Rules, 1965 outlines the procedure for filing a complaint with the Registrar. The society must provide detailed evidence of the developer's misconduct, along with supporting documents such as agreements, building plans, and correspondence. The Registrar will investigate the matter, give the developer an opportunity to present their case, and issue a decision based on the evidence presented.

Practical Examples

• Scenario 1: A developer fails to complete a redevelopment project on time, causing inconvenience to society members. The society can file a complaint under Section 63 of the Act for breach of contract and seek compensation for the delays.

• Scenario 2: The developer uses substandard materials in the construction of the new building, leading to safety concerns. The society can take legal action under Section 63 to hold the developer accountable for compromising the quality of work.

• Scenario 3: The developer deviates from the approved building plans without the society's consent, resulting in unauthorized changes. The society can approach the Registrar under Rule 86 to address the unauthorized alterations and seek appropriate remedies.

References

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

• Rule 86 of the Gujarat Cooperative Societies Rules, 1965: Official PDF