COMPLAINT TO THE REGISTRAR OF CO-OPERATIVE SOCIETIES
AGAINST THE MANAGING COMMITTEE OF A REGISTERED CO-OPERATIVE HOUSING SOCIETY
To,
The __________,
__________
__________
Subject: Complaint against the Managing Committee of __________ (Registration No. __________), concerning __________.
Sir / Madam,
1. THE COMPLAINANT
1.1 I, __________, residing at __________, am __________, in respect of Flat No. __________ in the building of __________ (hereinafter "the Society"), and I make this complaint in that capacity.
1.2 My status in relation to the Society is evidenced by the records of the Society. I am competent to make this complaint in the capacity stated above.
1.3 My address for service is the address given above.
2. THE SOCIETY AND ITS MANAGING COMMITTEE
2.1 The Society is registered under __________ bearing Registration No. __________, and has its registered office at __________. The Society is subject to the supervisory jurisdiction of your office.
2.2 The affairs of the Society are managed by its Managing Committee, which holds office as a body of trustees of the funds and records of the Society and is bound to act within the four corners of __________, the rules made under it, and the registered bye-laws of the Society. Any act of the Committee that is not traceable to a power conferred by the statute, the rules or the bye-laws is without authority.
2.3 The Society, acting through its Managing Committee, is the party against whom relief is sought in this complaint.
3. JURISDICTION AND CHOICE OF FORUM
3.1 This complaint invokes the supervisory and regulatory jurisdiction that __________ confers on the Registrar over a registered society, its committee, its records, its general body meetings and the application of its funds.
3.2 I am aware that a claim or dispute touching the constitution, management or business of the Society between a member and the Society is not determined in exercise of that supervisory jurisdiction, but is required to be raised before the forum, and in the manner, that __________ designates for the decision of such disputes, namely __________.
3.3 This complaint is accordingly confined to relief of a supervisory character, and nothing stated in it is to be read as the reference of a dispute, as an abandonment of any claim that lies before the designated dispute forum, or as an admission on any question of limitation.
4. STATEMENT OF FACTS
4.1 The material facts, stated in numbered paragraphs with their dates, are as follows:
__________
4.2 The particulars of the specific default complained of are set out below.
4.3 The steps taken by me before approaching your office are set out below and in the Statement of Facts above.
4.4 As on the date of this complaint, __________.
5. THE PROVISIONS BREACHED
5.1 The acts and omissions of the Managing Committee set out above are in breach of the following provisions of __________, the rules made under it and the registered bye-laws of the Society:
__________
5.2 The Managing Committee has not identified, and cannot identify, any provision of the statute, the rules or the bye-laws that authorises it to act, or to refrain from acting, as it has.
6. CAUSE OF ACTION AND LIMITATION
6.1 The cause of action for this complaint arose on the refusal or default of the Managing Committee described above, and it continues so long as that default continues. This complaint is made within the period available for it; if your office takes a different view on limitation, I crave leave to be heard on that question before the complaint is disposed of on that ground.
6.2 __________.
7. PRAYER
7.1 In the premises, I respectfully pray that your office may be pleased to:
__________
7.4 I further pray for such other and further direction as the facts of the case and the interests of the members of the Society may require, and for the costs of this complaint.
8. VERIFICATION
I, __________, the complainant above named, state on solemn affirmation that the contents of this complaint are true to my own knowledge, save as to matters stated on information received and believed by me to be true, and that I have not suppressed any material fact. The documents annexed are true copies of the originals in my possession or of the copies supplied to me by the Society, and the originals in my possession will be produced when called for.
9. DOCUMENTS ANNEXED
__________
Place: __________
Date: __________
Yours faithfully,
_______________________________
__________
__________
__________
Flat No. __________
Complainant
Copy forwarded, by registered post with acknowledgement due, to the Hon. Secretary, __________, at __________, for information and compliance.