Short Answer

Yes, a cooperative society can sue a member for dues or damages in the Civil Court.

Detailed Explanation

Section 84 of the Gujarat Cooperative Societies Act, 1961 empowers a cooperative society to sue or be sued in its name. This means that a society can initiate legal proceedings against its members for recovery of dues or damages. The society can file a civil suit in the appropriate Civil Court to seek relief against the member who has defaulted on payments or caused harm to the society.

Additionally, Rule 114 of the Gujarat Cooperative Societies Rules, 1965 provides further guidance on the procedure for filing a complaint by a society. The rule outlines the steps to be followed by the society, including the documentation required and the process of serving notice to the member before initiating legal action.

In practice, if a member fails to pay their dues to the society or causes damage to the society's property, the society can first attempt to resolve the issue amicably. If the member refuses to cooperate, the society can then proceed to file a complaint in the Civil Court seeking appropriate relief, such as recovery of dues or compensation for damages.

Practical Examples

• Scenario 1: Mr. A, a member of XYZ Cooperative Society, fails to pay his monthly maintenance dues for several months despite reminders. The society decides to take legal action against Mr. A for recovery of dues.

• Scenario 2: Ms. B, a member of ABC Cooperative Society, damages common property of the society and refuses to compensate for the same. The society decides to sue Ms. B for damages caused.

Reference

• Section 84 of the Gujarat Cooperative Societies Act, 1961: [Official PDF]

• Rule 114 of the Gujarat Cooperative Societies Rules, 1965: [Official PDF]