Short Answer

Yes, you can approach the consumer court if your grievance, such as non-maintenance, is not addressed by the society.

Detailed Explanation

Section 91 of the Gujarat Cooperative Societies Act, 1961 empowers the Registrar to inquire into complaints regarding the non-performance of duties by the society. If the society fails to address your grievance, you can file a complaint with the Registrar. However, if the Registrar's intervention does not provide a satisfactory resolution, you can then approach the consumer court for redressal.

Rule 140 of the Gujarat Cooperative Societies Rules, 1965 outlines the procedure for filing complaints with the Registrar. It requires the complainant to submit a written complaint detailing the grievance and any supporting documents. The Registrar will then investigate the matter and take necessary actions as per the provisions of the Act.

In a real-world scenario, if a member of a cooperative housing society faces issues with non-maintenance of common areas despite repeated complaints to the society, they can first approach the Registrar as per Section 91. If the society still does not rectify the situation, the member can then file a complaint with the consumer court seeking appropriate relief.

Another practical example could be a situation where a cooperative society fails to conduct elections as mandated by the Act, leading to a member's grievance. In such a case, the member can follow the prescribed procedure under Rule 140 to file a complaint with the Registrar and subsequently seek legal recourse through the consumer court if necessary.

Reference

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

• Rule 140 of the Gujarat Cooperative Societies Rules, 1965: Official PDF