Complain against society to registrar 

2) if no action is taken approach cooperative court for necessary reliefs 

In this scenario, since the society is refusing to acknowledge the gift deed transfer without providing a valid reason, you may take the following steps:

1. Issue a Formal Notice: Send a legal notice to the housing society through an advocate, demanding that they take appropriate steps to record the transfer of the apartment in your name as per the registered gift deed. This will serve as a formal demand and a warning of potential legal action.

2. Approach the Deputy Registrar/Competent Authority: If the society continues to ignore your communications, file a complaint with the Deputy Registrar of Co-operative Societies or the competent authority in your area. They have the power to direct the society to comply with the rules and recognise the transfer.

3. File a Writ Petition: If no action is taken by the society or the Registrar, you can file a writ petition in the High Court seeking directions against the society for their inaction. The court can mandate the society to record the transfer in your name, as they have no authority to refuse a transfer based on a duly registered gift deed.

4. Keep All Documents Handy: Ensure you retain copies of all relevant documents, including the registered gift deed, the society's prior written consent, proof of communication, and any responses (or lack thereof) from the society. These will be crucial in your legal proceedings.

Act promptly to avoid further delays and ensure that your ownership rights are duly recognised.

Thanks and Regards,
Advocate Aman Verma, Legal Corridor

1. Review Society Bye-Laws

• 
  Check Bye-Laws: Review the co-operative society's bye-laws to understand the rules regarding transfer of shares and membership. This will help you determine if the society is acting within its rights.

2. Written Communication

• 
  Formal Reminder: Send a formal reminder letter to the society, reiterating your request for the transfer and referencing their previous consent. Keep a record of all communications.

3. Next Steps if Refusal Persists

If the society continues to refuse without valid reasons, you can take the following actions:

A. Legal Notice

• Send a legal notice to the society, demanding compliance with their own bye-laws and your rights as a member.

B. Approach Deputy Registrar

• 
  File a Complaint: If there is no response after sending a legal notice, you can approach the Deputy Registrar of Co-operative Societies in your area. Under Section 102 of the West Bengal Co-operative Societies Act, you can file a complaint against the society for not transferring shares without valid justification.

4. Grievance Redressal Mechanisms

In case of continued non-compliance:

• 
  Consumer Forum: You may also consider filing a complaint with the Consumer Forum if you believe that your consumer rights are being violated.
• 
  Mediation or Arbitration: Explore options for mediation or arbitration if provided for in the society's bye-laws.

5. Additional Considerations

• 
  Documentation: Ensure that you have copies of all relevant documents, including correspondence with the society, consent letters, and any other evidence supporting your claim.
• 
  Engage Other Members: If other members of the society are facing similar issues, consider collective action which could strengthen your position.

Conclusion

The refusal by the co-operative housing society to transfer the share certificate can be challenged through legal channels. By understanding your rights under the co-operative laws and taking appropriate legal steps, you can seek resolution effectively.

Since the society is not responding neither cooperating for the reasons known to them alone, you may resort to legal action by first issuing a legal notice to the president of the association demanding the needful.

Failing to respond to the legal notice you may make a complaint to the deputy registrar of cooperative societies in this regard and seek its intervention. 

The District Deputy Registrar can issue instructions to a housing society to issue a share certificate to a member. This can happen if the society fails to issue the certificate within the prescribed time frame. 

If the Deputy Registrar is satisfied that the society has not issued the certificate, they will pass an order directing the society to issue it

If this step also fails to invoke favorable decision then you can approach cooperative court for relief and remedy.

You can file a complaint to dy registrar about the same and also can file complaint in consumer courr

1. Submitting an RTI application seeking reason for refusal.
2. After reply, answer their objections, if valid.
3. If untenable reasons are given, issue a lawyer's notice and file a civil suit. Any complaint to Registrar of Society is not maintainable as such dispute is not decidable by Registrar.

1. Send a Legal Notice:

   • Issue a legal notice to the society demanding an explanation and action within a specified time (e.g., 15 days). Attach a copy of the registered gift deed and previous correspondence.

2. Approach the Registrar of Cooperative Societies:

   • File a formal complaint with the Registrar of Cooperative Societies under whose jurisdiction the society falls. They can direct the society to comply.

3. Consumer Complaint:

   • If the delay causes harassment or financial loss, file a complaint with the Consumer Forum for deficiency of service.

4. File a Writ Petition:

   • If the above steps fail, file a writ petition in the High Court under Article 226 for violation of your legal rights.

Take swift action to assert your rights and expedite the process.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Dear Client,  

It is a prima-facie case since your mother has lawfully transferred the properties to you under a registered gift deed basis and, by statute, the society is bound to take action with respect to your` request and amend their records in accordance with this transfer. Since society is refusing to take any action based on some unknown reasons, you can:  

1. 
   Send a Legal Notice: Issue a legal notice to the society to give justification for these inactions and direct them to process the request of ownership transfer within a reasonable time.  
   

1. 
   File a Complaint with the Registrar of Cooperative Societies: If the society continues to ignore you, a formal complaint can be filed with the appropriate Registrar of Cooperative Societies. The Registrar has the power to direct the society to comply with the legal procedure.  
   

1. 
   Go to the Consumer Forum or Civil Court: As a last resort, you can choose to go ahead and file a suit in the Consumer Forum or the Civil Court to compel the society to proceed according to law. 
   

Do keep all documents relating to the registered gift deed, society written consent, different writings between you and the society, etc., as evidence.  

Hope this helps, feel free to ask anything. 

- Since, your mother has transferred the said property in your name then the society having no right to refuse to issue share certificate in your name. 

- The registered gift deed is a valid document to transfer the property 

- You can issue a legal notice to the society for getting the same , and even can lodge a complaint before the Registrar as well.