Q: I booked a flat in a co-operative housing society in 2000. I was inducted as a member the same year, subject to the approval of the registrar. The approval is still pending. The society has done nothing to complete the construction of the flat. No reasons have been cited and my queries have remained unanswered. Where can I apply for redress?

Usha Bhaskar, Calcutta

A: You could refer your dispute to the registrar of the co-operative societies. The registrar will hear your matter and pass his verdict. If you are aggrieved with his decision you can file an appeal before the co-operative tribunal, applying in accordance with the provisions of the West Bengal Co-operative Societies Rule, 1987.

 

Q: We had an arranged marriage in February, 2009. Soon after that, my husband got into a relationship with a colleague. Subsequently, he moved to a rented accommodation and my mother-in-law moved to her daughter’s place. In February, 2010, my husband filed a divorce suit against me, which I received at my marital house where I live alone. Can I prove an allegation of adultery against him? How should I proceed?

Anindita Das, via email

A: Establishing charges of adultery against your husband is worth it only if you too want a divorce. Adultery charges are difficult to prove. However, I presume that by now you have already filed your written statement or counter-claim to the divorce application sent by your husband. In case you have not, there are chances of the divorce suit being decreed ex parte in favour of your husband.

 

Q: Our society is registered under the West Bengal Apartment Ownership Act. One member has stopped paying monthly maintenance charges since October, 2000, barring an ad hoc payment in October, 2002. Is there any legal remedy — civil, criminal or both?

S.K. Mukherjee, Calcutta

A: The board of your society can initiate proceedings for realisation of the arrears. A case can be filed against the defaulting apartment owner for non-compliance with or breach of the provisions of the act and by-laws of Section 16A of the West Bengal Apartment Ownership Act, 1972, dealing with penalty clauses.