How to File a Legal Complaint Against a Housing Society in Pakistan?

Learning and Resources
1

To file a legal complaint against a housing society in Pakistan, here’s a breakdown of the process based on the nature of your grievance and the laws governing cooperative societies:

  1. Initial Notice:
  • Before initiating any legal action, it is crucial to send a written notice to the housing society and the Registrar of Cooperative Societies. The Co-operative Societies Act, 1925, Section 70, mandates that no suit shall be instituted against a society or any of its officers in respect of any act touching the business of the society until the expiration of two months next after notice in writing has been delivered to the Registrar. This notice must state the cause of action, your name, description, place of residence, and the relief you claim.
  • Relevance: This step is compulsory as per this statute because it allows the society an opportunity to address the issue before it escalates to court. Non-compliance with Section 70 can result in the rejection of your plaint, as highlighted in M. WAHIDULLAH ANSARI through his Legal Heirs and 8 others versus ZUBEDA SHARIF and another, 1999 YLR 1127, and FARIDA v. PRINCE APARTMENTS CO‑OPERATIVE HOUSING SOCIETY, 1984 CLC 2914.
  1. Filing a Complaint with the Registrar:
  • For internal disputes related to the society’s business, such as allotment issues, mismanagement, or violation of bylaws, Section 54 of the Co-operative Societies Act, 1925, provides a mechanism for dispute resolution. This involves referring the matter to the Registrar of Cooperative Societies.
  • Relevance: As seen in Syed GHULAM MOIN-UL-HAQ GILLANI Versus PROVINCE OF PUNJAB and others, 2021 CLC 1286, and Mrs. PARVEEN AKHTAR and another Versus LUCKNOW COOPERATIVE HOUSING SOCIETY LTD, 2014 YLR 1539, the court directed the parties to appear before the Registrar Cooperatives to resolve disputes concerning the society’s business.
  1. Civil Suit:
  • If the issue is not resolved through the Registrar or involves matters outside the scope of the Cooperative Societies Act, you may file a civil suit.
  • Ensure that you have complied with Section 70 of the Co-operative Societies Act, 1925, by serving the required notice.
  • Relevance: In Gulshan‑e‑Faisal Cooperative Housing Society Limited v. Muhammad Arif and others, 2003 CLC 224, the court clarified that cases involving multiple parties, some of whom fall outside the scope of the Cooperative Societies Act, may still be heard by a civil court, especially when the dispute involves lease terms, building bye-laws, and alleged collusion or fraud.
  1. Criminal Complaint:
  • If the dispute involves criminal activities such as fraud, forgery, or illegal dispossession, you can file a criminal complaint with the relevant police station or a magistrate. In Ramzan and 8 others Versus S.H.O. and 9 others, 1991 PCr.L J 2297, the court directed the S.H.O. to record the statements of the petitioners and proceed to register a case in accordance with the law, reinforcing the obligation to register a case based on allegations made in a complaint.
  • Relevance: The judgment SALEEM RAN and 23 others Versus IIND ADDITIONAL SESSIONS JUDGE, “MALIR”, KARACHI and 5 others, 2020 YLR 634, clarifies that corporate bodies, including cooperative societies, can initiate criminal proceedings under the Illegal Dispossession Act to protect their properties from illegal occupation.
  1. Constitutional Petition:
  • A constitutional petition under Article 199 of the Constitution can be filed in the High Court if there is a violation of fundamental rights.
  • Relevance: As illustrated in Syed GHULAM MOIN-UL-HAQ GILLANI Versus PROVINCE OF PUNJAB and others, 2021 CLC 1286, the court can exercise its power under Article 199(1)(c) to issue directions to any person or authority, including private entities, for the enforcement of fundamental rights.
  1. Defamation:
  • If the housing society has published defamatory content that harms your reputation, you may file a suit for damages under the Defamation Ordinance, 2002.
  • Relevance: In Messrs SHAMSI COOPERATIVE HOUSING SOCIETY LTD. through Secretary Versus CHIEF EDITOR AND PUBLISHER and another, 2017 YLR 397, the court clarified that cases under this ordinance must be tried by the District Court as directed by Section 13 of the Ordinance.
  1. Real Estate Regulatory Authority (RERA) in Islamabad:
  • In Islamabad, you can file a complaint with the Real Estate Regulatory Authority (RERA) for violations of The Islamabad Real Estate (Regulation and Development) Act, 2021.
  • Relevance: The Islamabad Real Estate (Regulation and Development) Act, 2021, Section 32, allows any aggrieved person to file a complaint with the Authority for any violation or contravention of the provisions of this Act.

Conclusion: Filing a legal complaint against a housing society in Pakistan requires careful consideration of the specific grievance and adherence to the relevant legal procedures. It is essential to first serve a notice under Section 70 of the Co-operative Societies Act, 1925, attempt resolution through the Registrar, and then proceed with appropriate legal action, whether it be a civil suit, criminal complaint, or constitutional petition. Compliance with these steps ensures that your case is maintainable and that you have a better chance of obtaining the desired relief.