Short Answer

The forum with jurisdiction for suing a cooperative society for maintenance dues is the Registrar of Cooperative Societies under the Gujarat Cooperative Societies Act, 1961.

Detailed Explanation

Section 91 of the Gujarat Cooperative Societies Act, 1961 empowers the Registrar of Cooperative Societies to adjudicate disputes related to cooperative societies. This includes matters concerning maintenance dues and other financial obligations. The Registrar acts as a quasi-judicial authority and has the jurisdiction to hear and decide such disputes.

In practice, if a member of a cooperative society wishes to sue the society for maintenance dues, they must first file a complaint with the Registrar of Cooperative Societies. The Registrar will then conduct an inquiry, hear both parties, and pass a decision based on the evidence presented. The decision of the Registrar is binding on the cooperative society and the member.

Real-world Scenarios

• Mr. Patel, a member of a cooperative housing society, has not received maintenance services despite paying his dues. He can file a complaint with the Registrar of Cooperative Societies seeking redressal for the non-provision of services.

• A cooperative society fails to maintain common areas and facilities despite collecting maintenance charges from its members. The members can collectively approach the Registrar to seek a resolution to the issue.

Step-by-step process:

• Member files a complaint with the Registrar of Cooperative Societies.

• Registrar conducts an inquiry and hears both parties.

• Registrar passes a decision based on the evidence presented.

• Decision is binding on the cooperative society and the member.

References

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