Redressal of complaints in Co-operative Housing Society

REDRESSAL OF COMPLAINTS IN A CO-OPERATIVE HOUSING SOCIETY – J.B.Patel – Housing Societies Activist

Whom to approach with your complaints for Redressal when you have any dispute with your co-operative housing society?

Following are the authorities as prescribed under Maharashtra Co-operative Societies Bye Laws to whom you can approach for redressal of your complaints and disputes. Approach the right place with right complaint, if your complaint has merit. Do not waste time and money with irrelevant departments other than those mentioned below:

XVIII. REDRESSAL OF COMPLAINTS:

Maharashtra Co-operative Societies Bye Laws:

173. Complaint application to be submitted to the society

175.

(A) Complaints to be made to the Registrar

(B) Complaints to be made to the Co-operative Court

(C) Complaint s to be made to the Civil Court

(D) Complaints to be made to the Corporation / Local Authorities

(E) Complaints to be made to the Police

(F) Complaints to be made to the General Body of the Society

(G) Complaints to be made to the Federation

 

173. Member / Members shall submit their complaint application to any of the Office bearers Complaint application of the society, in writing, giving thereby the details of the complaint to be submitted to the society.

 

174. After receipt of such, complaint application, the committee shall take decision thereof, in the coming Managing Committee meeting. Such decision shall be communicated to t he concerned member, within 15 days thereafter.

 

175. If the Member/ Members are not satisfied by the decision of t he Committee, or does not receive any communication from the committee within the time specified above, he / they may approach the Competent Authorities , depending upon the nature of the complaints , as enumerated below:-

 

(A) ASST. REGISTRAR / DEPUTY REGISTRAR:

 

Matters pertaining to following issues:-

a) Registration of Society on Misrepresentation,

b) Non-issuance of the Share Certificates,

c) Refusal of Membership,

d) Non registration of Nomination by the society,

e) Non Occupancy charges,

f) Demand of excess premium for transfers,

g) Non supply of the copies of record and documents,

h) Tampering, suppression and destruction of the records of the society,

i) Non acceptance of the cheques or any other correspondence by the committee.

j) Non maintenance or incomplete maintenance of record s and books of the society,

k) Non preparation of the annual accounts/reports, within the prescribed period,

1) Misappropriation/Misapplication of the funds of t he society,

m) Defaulter/Disqualified member on t he committee,

n) Investment of Funds without prior permission,

o) Reconciliation of Accounts,

p) Audit,

q) Non conducting of election before expiry of the term of the committee,

r) Rejection of Nomination,

s) Non calling of General Body meetings within prescribed period,

t) Non calling of Managing Committee meeting as prescribed in Bye – laws,

u) Resignation by the Committee,

v) Any other, like, matters which falls within jurisdiction of the Registrar.

 

(B) CO-OPERATIVE COURT:

 

Disputes between the members and / or the members and society, which fall under Section 91 of the Act, such as:-Disputes pertaining to :-

a) Resolutions of the Managing Committee and General Body.

b) The elections of the Managing Committee, except the Rejection of

Nominations, as provided under section 152-A of the Act,

c) Repairs, including Major Repairs, internal repairs, leakages,

d) Parking,

e) Allotment of Flats/Plots,

f) Escalation of construction cost,

g) Appointment of Developer/ Contractor, Architect,

h) Unequal water-supply,

i) Excess recovery of dues from the members,

j) Any other, like, disputes which fall within jurisdiction of the Co-operative Court.

 

(C) CIVIL COURT:

 

Disputes pertaining to: – Complaints to be

a) Non compliance of the terms and conditions of the Agreement, by and made to the Civil between the Builder/ developer, Court.

b) Substandard Constructions,

c) Conveyance,

d) Escalation of construction cost,

e) Any other, like, disputes which fall within jurisdiction of the Civil Court.

 

(D) CORPORATION / LOCAL AUTHORITY:

 

Matters pertaining to:-

a) Unauthorized constructions / additions / alterations, made by builder / member occupant of the flat,

b) Inadequate Water supply to the society,

c) Change of use by the members/occupants.

d) Building’s structural problems.

e) Any other, like, matters which fall within jurisdiction of the Corporation / local authority.

 

(E) POLICE:

 

Matters pertaining to:-

a) Nuisance carried by the Unauthorized use of the Flat / Shop / Parking Space / Open space in the society, by the members, builder, occupants or any other persons ,

b) Threatening / Assault by or to the members’ of the society,

c ) Any other , like , matters which fall within jurisdiction of the Police.

 

(F) GENERAL BODY:

 

Matters pertaining to:-

a) Non maintenance of the property of the society by the managing committee,

b) Non display of Board of the name of the society,

c) Levy of excess Fine , by the managing committee for act o f the member which is in violation of the Bye -laws ,

d) Not allowing the authenticated use of t he available open spaces of t he society, by the managing committee .

e) Non Insuring the property of t he society, by the managing committee,

f) Appointment of Architect,

g) Al l other, like , matters which fall within jurisdiction of the General Body.

 

(G) FEDERATION:

 

Matters pertaining to:-

a) Non allowing of the entry to the secretary of the society, by the member .

b) Non acceptance of any communication by the member / managing committee.

c) Convening Special General Meeting provided under the Bye – law no. 97 and Managing Committee meeting provided under Bye-l aw No. 133.

d) All other like matters.

As on today, Consumer Disputes Redressal Agencies are considered as the fast and reasonable. The aggrieved person may make use of the attached ” The Consumer Protection Act, 1986 (68 of 1986) dated 24.1986 – Click Here for the Act

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75 Comments on “Redressal of complaints in Co-operative Housing Society”

  1. vinod ahuja says:

    Dear Sir,
    Our society is located in Mumbai suburbs in Khar, We have shortage of parking space with total members standing at 17 and parking space available is 7 and one member parking 3 vehicles. The society has 1BHK (total 3), 2BHK(total 3) and 3 BHK (10) flats and a commercial shop.
    I have been facing parking problem for last 3 years, Initially when I enrolled for membership in our society I was informed that as per the resolution passed at managing committee in 2006 new members will not get nor demand parking space and NOC issued only when Affidavit is signed that it will be not demand parking space in future. I have to sign it as there was no other option left, even though I knew the affidavit is not tenable nor enforceable in law and all these acts are in violation. Verbal assurance was given to me that as and when parking space is available it will be allotted on first in first come basis
    I had for last two years taken up the matter with the managing committee that instead of increasing maintenance charges year after year, we should be charging parking charges (Logically demand and supply support the charging part and is allowed as per byelaw) but they bluntly refused instead maintenance was increased as all members will have to pay equally. Also one of the reason for not charging parking charges was that illegal parking done by few members will be exposed.
    For three years I maintained my calm and tried to make peace, I compromised from car to Bicycle, Recently when I parked my bicycle, the secretary objected to that too. She maintained that there is parking problem and you need to take permission from members who park their vehicle . I was informed that society will not do anything about illegal parking (2 cars).
    The bigger picture came out while discussing with other members was that which was shocking to me that since there is no rule nor transparency with regard to parking, All the assurances given to me at the time of purchases will be overruled by managing committee ,these members who park their vehicle (have become owners of the parking space) will sell their parking space to the members who purchase their flats and we will never get parking space ever. My Question is maintenance is charged equally to all members on what basis, these people who take benefit of free parking year after year, claiming to be owners of parking space will not pay anything. Few members have kept quite as they get free parking benefit (total 5), 2 members have given their premises on Rent so they never attend annual meeting, 3 members are senior citizen (ladies and single) who do not own the cars and do not understand much though they know about this injustice.
    I want to fight on behalf of all as I feel that the managing committee is cheating all the other new members who do not have parking space ,will not be able to sell their flats as new purchaser investing huge amount will demand parking space but maintenance will have to be paid equally.
    Few members will exploit all other members, few members will support wrongdoing for their self interest ( Free parking charges – 5),. Where is democracy and transparency, I feel the whole committee is responsible for this lapses and should be penalizing individually as the support unlawful acts and instruction issued to them that injustice done to new members should be stopped, Charge parking fees to all vehicle ( whether legal or illegal) from the day they have been parking vehicles as this is not food for the society financially.
    Please guide us and support us with your views which will encourage us to fight till end. Let God grace our members and give them some sense to stop this nonsense.
    Regards

    Vinod Ahuja

    • Dalim Guha says:

      I understand your problem but I do not have any suggestion to make. I also have a problem. I wrote to the Registrar, I am directed to the federation. Federation don’t do anything effective, they run their own law shop/business. Nobody is there to turn to. Authorities work as the agent of the corrupt, but maintain the facade of gentlemen/caretaker.
      dalim.

      • eleena100 says:

        If you really fight this issue of car parking, you should approach the Consumer Forum, Bandra.
        The law on this issue is clear and you will get relief.
        You can contact me if you like.
        Binoy Gupta
        eleena100@hotmail.com

    • Your solution may be by way of rotation parking for every member(s) on year to year basis. Consult your lawyer.

    • Ravi Pandey says:

      By laws 78 to 85 define the process of parking allotment. That has to follow up. Incase society is not following up, you can approach registrar. Bylaws define incase the parking is shortage then every year parking has to be allotted by management comity based on lot basis.

    • Dear Vinod,

      A professional Manager would be of great assistance here, firstly a manager needs to have a look at natural law. There is a problem and that is the development was built with a shortage of spaces. How to allocate these to a title is not easy.

      A solution to this is the Owners rent these spaces out and anyone can pay for a space for an allocated period and waiting lists should apply. The spaces are deemed as common property and not an individual entitlement.

      Parking of Scooters and bicycles should be permitted subject to layout and design. The manager would need to review all previous By-laws for fairness and natural justice and automatically repeal any that are unjust at an appropriate forum.

      If you have any question please feel free to e-mail me.

      Kind Regards

      Doug Purcell

  2. Prashant Kadam says:

    Dear Sir,

    I Prashant Kadam, stay in F/524, Vrindavan B. Morwala CHS, Majas Wadi, Jogeshwari (E), Mumbai. I submitted application to my society committee for NOC for sale of flat. But they blackmailing me to withdraw case from court against one member of society. As the dispute was from personal dispute and there is no co-relation of society. Also committee member who is designated as secretory and Treasurer, there rooms are not on there own name. Kindly provide me help in this issue.

    • Bombay High Court has pronounced judgment which says you do not require NOC. Consult your lawyer whether this judgment will be of any help to you.

      • k.s.viswanathan Iyer says:

        Sir, Can you please get me the copy of this judgement to my mail id ksvishy@rediffmail.com. I would be thankful. I a Viswanathan Iyer, living in Rail Vihar society, Chinchwad, Pune-33. I also read that bye- law No 45 specifically says that to mortgage your rights in your flat to any bank or any financial institution, NOC from society is not required. Please think.

        Thanks

  3. Vikram.goyal. says:

    Resorted sir, Anmol pride a new society a general body meeting was called by chief promoter there was no advance preparation of ballot paper voteing but the president of meeting helping a group call out for ballot paper voteing at 10 .30 to 11.30. About 20 member boycotted the meeting after giving a letter to the president. We had already complaint to the registrar on 19 /12/12 but no action habe been taken till today.now they r taking financial decision that can harm
    the socurry. What to do.

  4. venkatnarayanan says:

    Respected Sir,

    My Name is .VenkatNarayanan

    i Purchased a house of 1BHK,stamp duty and registration done.i gave Society of Rupees 25000/- for Membership,i took housing Load from a bank for getting Loan bank needs NOC
    saying that there is no due from old owner of the property,Society gave me the NOC also i got Loan,the old flat owner gave cheque for the dues of maintenance, after getting NOC i got Loan and the loan amount also has been transferred to the old owner, i shifted to the flat, i approached the society secretory for name Transfer of the flat and Membership as i gave the DD for the same,the secretory told me that the cheque given by the old owner for the Maintenance due got Bounced, and The society secretory started deducting the maintenance due from the 25000/- Rupees given by me for the Membership,now the secretory says they will not make me as a member of the society till i pay the Maintenance due or approach the old owner and get the money from him, and the society secretory spoke
    with me very rudely,

    and the society secretory is in favor of the old owner , Kindly suggest what action i have to take.

  5. jitendra pasad says:

    If a society viz.JANVIKAS chs is formed without any agreement vide no.14714 of p ward/n and tampered with date of allotment.

  6. Vijay Raut says:

    Vijay Raut, New Premvasundhara Andheri (E),
    Our MC in the gathering on Jan26, flagged off a vermiculture project without informing members of the cost of the project and the benefits.
    It also decided on applying for conveyance at this gathering.
    Can the committee take these decisions without calling a general body meeting, especially if it has been so decided in the last AGM, which also approved a limit of Rs.10,000/- on the MC for any expenses.

    • yazdi says:

      No. The committee cannot take decisions which are in excess of the cost approved at the AGM. You may complain to the Dy. Registrar concerned and ask for an enquiry

  7. Peter Bothello says:

    I am staying in Vic Mon Apts, Marol, Andheri(E),
    We are staying here since 1992. We have a member who is the wife of a flat owner who happens to be the son to whom the property belonged . The property was sold to a builder & that is how we have come in along with other flat owners.The owners family was given some flats in this complex. Now we have this lady who continuously humiliates all office bearers & screams saying the property still belongs to her. I don’t know how ?? She complaints to the police station & BMC at the slightest instance whenever Society does any work which will do all members good. We are fed up with this. We are wondering how the police & BMC take action on her call & that too immediately. Has the Society missed something ? Please advice

  8. OMSHANTI says:

    Dear Sirs

    Regarding: Threatening/fighting with Managing Committee / Neighbors and society Members

    Sorry to inform you that Mrs. Geeta Nandan Prasad and her Son Mr Vivek Nandan Prasad staying in” A” 402 Om Shanti Co Operative housing Society Ltd, Shanti Complex , Raj Shivaji Nagar , Tunga Village , Saki Vihar Road , Mumbai 400 072 always Threatening/fighting with Managing Committee / Neighbors and society Members even they are a defaulter last Many years

    Can check their record in Powai police station as many complaints also will be there since fighting in the Family also

    Society still providing essential service even Approximate 5.70 Lacs out standing as per the society records and society requested them to sort out their dues but they don’t want to do so ? For the same reason may be fighting?

    Mrs. Geeta Nandan Prasad and her Son Mr Vivek Nandan Prasad Visiting / going to Managing committee members residence all the time and Threatening/fighting with bad words and stating they are Political worker of BJP If they are really a social worker why became defaulters many years.? And why spoiling Image of the party.

    Request you please look in to the matter and let society work smoothly and members can stay calm and quite and stay peace it is an a request.

    If any other details if you need please let us know will be provide on request

    Thanks

    Managing Committee

  9. Nitin says:

    I have a flat at ground floor. The main entrance is at south. The east side is outer side of the building and I would like to build/make another door there. My society rejets my application for this stating that this will look ugly. Kindly let me know who am I suppose to get the permeation and the law regards to that.

  10. Omkar Pendurkar says:

    i am residing in dombivali. its a cooperative housing society. my mom is heart patient and doctor has advised to take a walk in a fresh air twice a day. i reside in 4th floor and mom is 55 years old. its impossible to go down therefore we requested the chairman and secretary to provide us with the duplicate keys of the terrace so that she can take a walk for a while however the chairman and secretary is not allowing and kept the terrace locked. what can be next course of action ?. i have already submitted an official letter with health report from doctors. please suggest

  11. In India are there professional companies that a housing Co-operative can outsource too that manage all of these events on your behalf for a yearly management fee.

    If so can I have some names of these firms?

    It appears that any problem resolution is left internal and any external is expensive court action.

    • eleena100 says:

      Can you be more specific about the problems you have in mind?
      Binoy Gupta
      eleena100@hotmail.com

      • Binoy,

        I dont have any specific problems but it seems a majority of people do commenting on this site. I am a professional body corporate manager here in Australia, and I deal with everything and more that you have listed. See Australia was one of the first countries in the 1960’s to adopt this type of approach in management.

        The courts and tribunals were clogged with complaints and outsourcing to an independent manager was deemed the most professional way. Plus it allowed owner to enjoy the peace and quite of thier units not to be involved in internal matters.

        I would be interested in start up in India and train other professionals in this field.

        My website is http://www.bodycorpnt.com.au if you are interested.

      • eleena100 says:

        Alternate Dispute Redressal systems and arbitration are the best and fastest methods for redressal of such disputes.
        But then,, both the parties should be agreeable to these methods.
        Binoy Gupta

  12. Dear Mr Gupta,

    have sent you a personal e-mail explaining what I do here in Australia, I look forward to your insight into issue relating to the management of Co-Operative Housing Societies.

    I am also a member of the SCA http://www.stratacommunity.org.au/ a large organisation for all practitioners and a fine place to network.

    Many thanks

    Doug Purcell

  13. I am Treasurer of [Registered] Harsharvardhan Co-Op Hsg Society, Mumbai-400053.
    Our CHS had 25 member having flats of different areas. Our Building have 12 stilt parking garages which were sold [by Developer] to some of our flat owners who own them to park their cars. Other open space is also used for open parking of cars of all members.
    For Major repair of building, the garage owners refuse to CONTGRIBUTE & pay proportionate repair charges as per area of their ownership garages. Can u guide as to whether the ownership garage owners are right in their approach as there is no such clause in the society Bye Laws.

    thank u.
    Yeshavant Nevrekar, Treasurer, HARSHAVARDHAN CHS, MUMBAI.
    tel 9819982409

  14. Jivan Kotian says:

    My kitchen ceiling plaster came down on it own no seepage no activity from the above flat, nor any other activity which could have happened the damage. if one see that the plastering was not done properly. I took possesion of this flat along with other in dec 2009. the society is formed and now 3 year old. builders is not ready to listen nor society is doing anything. wanted to know who is responsible and how to go forward.

  15. tamoghneswar das says:

    Respected,
    Sir.
    I am Tamoghneswar Das, I live in kalla central hospital (asansol), district burdwan, west Bengal. I am working in a private organization. My wife name is Dipanwita Das, she is a school teacher. We have one daughter ,age is 1 year 8 month.
    Sir, 5 or 6 month ago My wife feel her stomach pain. Gallbladder stone is detected by USG after few days. Then we went to Dr. B Das (m.s) ( doctor of kalla central hospital ) for treatment. My wife was admitted on 4/6/2013 in kalla hospital for operation under Dr. B das (m.s) and operation has been done on next day(5/6/2013). The operation was laparoscopic surgery, after operation bile was come out through a pipe, but amount of bile increasing day by day ( start with 25 ml and after few days it’s increasing up to 500 ml ). But after operation Dr.B Das did not come for check up the patient condition , but in place ofDR B Das, Dr. P. K Sahoo (Head of the surgical department ) was visiting every days to check up the patient condition, as per Dr.P k Sahoo suggestion that the extra flow of bile will be stop after few day’s if taken proper food and maintain walking.
    We are confused to see that every time Dr.P K Sahoo was visiting in place of Dr. B Das.yet the patient was under treatment of Dr.B Das. After our enquiry, we could know that actually operation has been done by Dr.P K Sahoo to show his DEPARTMENT HEAD power. Both of Dr. Did not inform us about this matter. So my question is………
    1. Why has the operation been done by Dr. Sahoo without our permeation or any kind of information??????
    2. Why did Dr. Das not inform us that he did not do the operation yet the patient was his supervision?????????

    After 10 to 12 days , we change the hospital kalla hospital to west bank hospital (andul Kolkata), kolkata for not stop the flow of bile yet Dr.P K Sahoo is assuring to us that problem (flow of bile) will be stop within some days but we forcefully change the hospital.

    In west bank hospital, Kolkata the patient was admitted under Dr. Dilip Todi. After check up by Dr.D Todi, he said that the flow of bile can be stop by the ERCP operation, but after ERCP on 20/6/2013, Dr. Todi said that ERCP surgery did not successfully complete because the bile duct is divided two parts when laparoscopic surgery was held. So only the solution is major open surgery for solve this problem. And he referred to Dr. Arindam Dasgupta (Dr. Of west bank hospital, surgery department ) for open surgery.

    The major surgery on 25/6/2013 has been done by Dr.A Dasgupta and the surgery was start at 12.30 pm and complete 7.15 pm. After completion the surgery the Dr. Dasgupta Said that problem is solved.

    But due to number of surgery on same body the patient is to weak and face several problem like during walking, taking food, laying etc. So that Dr. Suggest that to take rest up to 3 months.

    So, we have disappointed and mentally injured for this case and lot of suffer many kind of problem like money, time etc.

    Now the patient is mentally and physically weak and also suffering the lot problem like how do continue her job ( school ) ,take care of baby, and also other problem in her personal life.

    So, We are requesting that please take a step against this case and give us proper justice about this case.

    Thank you,
    Yours faithfully
    Tamoghneswar Das
    Asansol,kalla central hospital
    Kalla purba para
    p.o- kalla central hospital
    dist- burdwan / pin- 713340

  16. Skk says:

    I own a Flat and also a car parking slot in a Co-operative Housing Society at Mumbai (suburbs). Since i do not stay there i have rented out the flat. However, My tenant doesn’t own a car. My queries:
    a. Can he park his two wheeler there?
    b. Can the Federation allow anyone else to park their vehicles there without an intimation to me? If they do so what can be the legal implications, if any.
    d. Can the Federation charge someone else for my car park without any intimation to me?

    • Binoy Gupta says:

      All car parking spaces…..stilt and open…belong to the Housing Society.
      They have to allot them as per bye laws.
      You are under a wrong notion that it is your car parking space.
      Binoy Gupta

  17. Skk says:

    sorry forgot to mention that the car park was allotted to me and i have paid for it as well.

  18. Pawan says:

    Sir,

    I am the legal heir of a flat in Thane. As per the nomination form submmited by my father the flat was transferred to my name. When I approached for a NOC to the socetiy I was informed that the. Flat is wrongly transferred to my name. I again submitted all documents required but till date the soceity does not respond to my application for the transfer of the flat.

    • eleena100 says:

      I understand the flat is already transferred to you name.
      So why should you worry?
      In whose name are the Society bills coming?
      And why do you need the NOC?

      • Pawan says:

        The society bills are sent in my fathers name. I had approached for an NOC 3 years back to sell the flat. But then the secretary told me that the flat was wrongly transferred without documents in good faith and that transfer is void.

      • eleena100 says:

        I presume your father is not alive……
        Then how can the bills still be in your fathers name?
        Write to the Society pointing this out and ask them to issue bills in your name.
        Binoy Gupta
        eleena100@hotmail.com

  19. anju kapoor says:

    Sir,
    I want to ask which court in mumbai should i go to appeal regarding my share in my mothers flat at jogeshwari mumbai

  20. Ranjit Shetty says:

    Can you please guide me where I need to write/ complaint on my building secretary/chairman

    1. My top up loan is approved and the bank is asking me to submit NOC & copy of society registration certificate. I have sent several mail communications to the secretary. But he is least bothered to understand the importance of his own society member.

    Plz suggest.

    Ranjit Shetty
    Dombivili,East

  21. Yogesh says:

    Dear All,

    I have a query.. I have a flat in navi Mumbai, the co – operative housing society which is formed by the residents of the society keep on making certain rules, although some are agreed upon and some are not but they keep on saying that majority of people who attended the meeting have agreed upon the rules so its passed.

    So I just wanna know if a rule is passed and if you being the only one who doesn’t agree upon still the rule is passed and you cannot do anything for it.

    They made a rule that tenants cannot park there vehicles inside premises.. excellent so which family who owns a damn car is gonna take my place on rent if they cannot park the vehicle inside the premises. 2. The rule is passed that no bachelors would be given the place on rent.. They are working professionals and I am ready to provide there NOC from the police station and thank fully they don’t have a vehicle but I cannot give my place on rent since the rule says so.

    In short am I being screwed because I own a flat and m not living in it and paying my duys and taxes and whatever shitt maintainance charges which they keep on increasing iquietly pay. They say they are renovationg the building I don’t want to but still I have to pay money why because a rule is paased in the society…

    Is there anything that I can do. In this market I am hardly getting any new tenant for my vacant flat for the past 20 days coz family wouldn’t take it and bachelors my society wont let them have it.

    PLEASE HELP and SUGGEST…..

    negiyogesh81@gmail.com / 09978911209

  22. Kishn says:

    Thank you for your valuable time. I am facing the below issue:

    Seller not handing over the Share Certificate of the flat which I purchased on resale.

    Sale deed is complete & registered , I have the NOC on my name from the society and I have occupied the flat too. He is holding and not handing over the share certificate and expects more money to hand it over. I had complained to the society on this by submitting my Registered sale deed but no response from them on this .

    What options do I have? Any response would be appreciated.

  23. Kishn says:

    Me, Seller, Society — All located in Pune.

    • Jigs says:

      Hi Kishn,
      My case is very much similar to you. Can you let me know what steps you took? Can just do indemnity bond sign by me to the society saying that the share certificate is lost?

  24. Shrenik Kapasi says:

    I stay in a co-op hsg. soc. in mumbai. Our soc. is planning re-development. There is a dry area of 140 sqft which can be accessed only from my premises. I have claimed the said dry area along with my premises, but society is not accepting my claim as they are saying that dry areas cannot be used or claimed by any member of a society. Pls help me out in this matter.

  25. S S Gupta says:

    Dear Sir,

    My issue with the society is

    1. Society not submitting the annual accounts since last 7/8 years, earlier i had given the maint bill with protest letter, but since last 2 yrs there is only oral assurity but no compliance. As a member, i am in total dark as what society is doing with money & what is the financial status of the society, besides submission of annual accounts is one of the major responsibility of the MC. In frustration since last one yr i had not paid the maint bill. PL ADVICE APPROPRIATE COURSE OF ACTION THAT I CAN TAKE, i do not wish to default on maint pmt.

    2. I have rented my flat, my normal monthly maint chgs is Rs.650/-, now from Apr.2013 it hads been raised to Rs.1000/- pm Is it as per rule/bye-law. If not, WHAT SHOULD BE MY COURSE OF ACTION.

    KINDLY ADVICE.

    S S GUPTA
    shivam987@gmail.com

  26. Mitali says:

    Hi, Good day

    Self and my parents are staying in Kurla East Mumbai at Ground Floor in Co-operative housing society from 2009 which has re-developed under MHADA redevelopment.

    Now since from last five years, no individual member has performed their family function /occasion at Ground floor in building compound.

    We got to know that one of the individual member is insisting to perform their family ceremony at ground floor in building compound.

    We being staying at ground floor has the objection since it will create a problem to us by creating disturbance in our privacy by way of noise, presence of outsiders and it will be a long run issue which will keep on going with other 28 members. We do not want to communicate with each and every member of society on this issue. We are requesting the Committee to solve this issue permanently and maintain the rules.

    If it is allowed to perform to one society member then it is applicable to all other 28 members for which we had put a request to Chairman of our society that do no allow them to perform their ceremony at Ground floor. We have other option of Terrace which you can advice them.

    Also would like to inform that our flat is situated at ground floor in such a way that is not constructed in a corner. It is located in middle and all the four side are visible and one wall of every room is in form of Windows. We do not want anyone to put the Mandap outside our windows. Our intention is to maintain a proper discipline by keeping hygiene and clean environment in the Society compound

    My mother is a diabetic/ thyroid / hypertension and urtacaria patient. Since when we had put a request to Chairman he has not taken any action immediately and did not acknowledged our application letter with society stamp. I had sent the application letter for 3 times by Registry.

    Till date, he has not acknowledged the application letter copy with society stamp and returned to us. Hence i had lodged a complaint to Police station against Chairman for non-cooperation.

    Now this issue will be discussed in Special AGM since we are firm on our stand that any individual member’s function should not be performed at Ground floor on the basis of cleanliness , limited space and on my mother’s medical grounds.

    We need your kind cooperation in form us guidelines to present our side to Society committee and get the success.

    Every time the committee and society member dominates us being we staying at Ground Floor.

    Please let us know the rules as per Bye laws on which we can educate them and stop their nuisance by sending childrens in the afternoon to play and shout and making noise for which my mother cannot sleep in the afternoon after taking medication like oral insulin. No proper timings, carpentry work.

    This all has impacted her health and therefore we all the mental stress for such small issues and non- coperation from Committee on our issues.

    We look forward for your kind support. Appreciate your reply on my email id –

    mitali@uniworld-logistics.com / 9819 399 621

    shall be obliged.

    Thanks & Regards,

  27. Yogesh says:

    Hi,

    My Father was named as treasurer of the society in year 2008. we have completed the accounts and submitted audit report in year 2013. now we do not wish to continue as treasurer as we have shifted to other place retaining our flat in the society. in the general body meeting we have put our resignation and non of the members present object to it. however, in the minutes of the meeting, they rejected our resignation without stating any reason. the real reason is there is no one who is willing to take such a responsibility. My father is old and can not do this work any more. is there any way out to this. can we write to all members and request them or whom should be approach.

    We live at Pune. my name is Yogesh Namjoshi and name of the society is Bakulashree Housing society, Pune. Pl. advice

  28. dhaku vithal parab says:

    89/840, ramabai colony,trasist camp,Ghatkopar east Mumbai 400075 he maze Ghar kosalnyacha avstet ahe.
    Shantisagar ho. Society, ramabai colony,Ghatkopar east yanchi sarva jababdari age. Taste Mhada ne mala letter file ahe. te sarva police sabasad ahet. Te sra che sabhasad nahit karan 540 roon paiki akahi sabhasdhe nav 1995 chya yadit nahi. Mala ghar na deta sansta mazi fasvnok karit ahe. Apan societyvar karvai karavi.ph:8976561756

  29. utsav says:

    Case: Mr.A & Mr.B are living in a G+2(flats with ground, first floor & second floor building). They have their own car parkings with a gate in front( so that animals like cow, dog, cat, etc can’t enter and parking remains clean). But Mr.B objections that Mr.A & his family will not go outside of his parking gate otherwise he will lock his own gate..
    As per the definition of parking can somebody stop somebody for just passing out of his gate or not..??
    Note: there are total six flats in this building & all flats have their own parkings but Mr.B have central parking, and Mr.B have restricted all the five flats of the building to go through his parking via his gate.. Builder have allowed no common space in the building.. all the space has been sold as parking with gates in front of them.. All people park their vehicles in their own parking but they are not allowed to pass away from mr.B’s parking whether gate is fully opened or closed and the main thing is that Mr.B now a days locks his gate in daytime also which makes confusion in outsiders mind who comes to building as Mr.B has center parking.. My(mr.A) parking gate does not fully opens because in front of my gate a neem tree is there and builder has also made stairs in front of our parking gate instead of making slope, so we cannot bring our two wheelers inside through our gate and car can never be brought in due to neem tree. either the tree should be removed which will be illegal or to remove our gate which will against us with all other flats. Other people of other four flats also started doing like mr.A like locking a gate.. now we have no way to get in or out of our home easily.
    We visited to builder of the flats but he told that mr.B can lock his gates. The fact is that Mr.B and builder are of same caste and supporting each other.
    We also reported to police station for lodging FIR against Mr.B for locking a parking gate & submitted an application in police station but Mr.B’s relative is SP(in police) and he got cancelled our application..
    There is nothing mentioned about parking gates in registry of home.. its only written that one parking is allotted to Mr.____. Please suggest that is mr.b is right.?
    situation in madhav nagar, jaipur

  30. priyanka says:

    hi…my mother in law has not made a will but has nominated my husband 60% and me 40% in the nomination form …since my husband has 3 sisters and they are married on sister is out of contact so the society asked us to put an add in 2 local news papper for the same ..its been 2 years now ..they did not put our names on the nomination form ..later we came to knw 3 yrs back when my mom in law was alive she has complaint to the police as she was bed ridden the society had dough the holi festival fire out side our door compound and the police asked the committee to change thier place …so cause that my husband and me had to give a written apology letter for the same the letter is also acknowledged by the secretary …and now they are ready to put our name on the share certificate .cause they are going for redevelopment .so the secretary asked me to give the original share certificate and 60rs chq for transfer which will be done in this years AGM …but i am worried since 2 weeks the secretary has not called me to collect the original share certificate from them ….i have taken the secertary signature and society stam as acknowledgment of the original share certificate wth them…i am worried what if he miss uses my share certificate …what do i do then

  31. Shailesh says:

    Dear sir,

    My mother purchased a residential plot through a housing society at Nagpur. Both my mother and father are now dead. I am the beneficiary of the said residential plot by way of will.

    A portion of the plot is under acquisition / Development Plan or DP (since 2000) for making of road. The Housing Society has since then revised the map as the old map was not acceptable by the corporation under the new DP. The society is allotting plots. Now, when our turn came we were informed that since part of our plot was under acquisition, we would be given only half of the area and that too not on the road, but else where. All of this has been told to us verbally.

    The overall area of the society and also the area under the plot has changed. I want to know that on what basis the allotment of plot (and area) should be done and what are our rights. Is the society bound to allot in the proportion or they can arbitrarily allot plots to members (as a beneficiary I assume that I am a member) ?

    I am in urgent need of money, so is it possible that I accept whatever is being offered and then later on ask the society and office bearers the basis of their allotment to us and others?

    It is also interesting to note that the new map has lesser area under plots, but more number of plots. I am more of less sure that the office bearers are only trying to take advantage of my situation. Please advise

    Thanks.

  32. Mrs. Kannan says:

    Hi,
    I own a flat in “A” society in Panvel. I bought the flat from builder and the society was already formed at the time of purchase. I submitted all documents requested by the society after possession. I paid the maintenance charges for two months after possession. When I went to collect the share certificate, I was told that there is some issue with the date on the certificate and will be reissued the share certificate. Now the society management committee has changed. The new secretary called me and said that the builder has not paid maintenance dues before possession and I need to obtain the NOC from builder that the no dues are pending with society. The Secretary has said that he will not issue share certificate if I do not provide the Society with NOC from builder. Is this legal that after the society has started collecting maintenance charges from me, they can deny issuance of share certificate.

  33. Hi we have our law firm based in Mumbai and we do take all co operative society matters and provide free legal advice you can call us on 9096798916 for all your problems.

    Regards
    Adv Sonam Chandwani

  34. Stay to form society from Dep Registrar pune

    Builder did not form society or apartment after final completion letter on 30.05.2012 because he wants to sell terrace which is illegal. He has already sold out 1 terrace.
    On 03.02.2014, 17 members out of 21 decided to form society against builder and send first notice which builder rejected.
    Then we approached Co-op department Pune and deputy registrar sent him 2nd notice on 07.03.2014.
    After this notice Builder started deed of declaration on 09.03.2014
    On 13.03.2014 builder done deed of apartment with the help of 4 members out of 21 members.
    In between deputy registrar asked builder and one promoter from our society to present for hearings.
    After 3-4 hearings and almost 5-6 months later District Deputy Registrar’s final decision on 30.6.2014
    Is after registration of apartment from builder, we can’t form society. Two registrations against same property not allowed. Though Deputy Registrar was aware of the decision why he took 3-4 hearings. He could have told us straight forward that it’s impossible to form society now. But he did not. What he achieved by wasting our time, money. I can’t mention it here what he has achieved.

    Isn’t it injustice to us? After 4 years from possession and after 2 years from completion
    Letter when members started this process. There is no value to majority of members. There is no value for date we started first. If Builder do deed of apartment of 1 member, society can’t be form. Isn’t it unfair? What is this non sense?

    There is no value for 17 members (Majority) but 1 builder and 1 member can form deed of apartment and after that society can’t be form. What is this?

    At one side government of Maharashtra supporting and calling people to come forward for conveyance deed and at other side you see the rules against common man and in favor of builders. We daily read article from newspaper on this. Minimum 5 members require, within 4 months from completion Apartment or society must be form where these rules here are in this case.

    We should all come forward to stop this. We need your help.

    This needs to change. Common man can’t bear this all now. Enough is enough.
    Present laws of co-operative housing department are in favor of builders. Please help us. There are many societies in Maharashtra facing such issues.

    Please suggest. We will be really thankful to you
    Why these laws/rules is in favor of builders. Dep. registrar should not give stay to form cooperative housing society in this matter.

  35. Builder did not form society or apartment after final completion letter on 30.05.2012 because he wants to sell terrace which is illegal. He has already sold out 1 terrace.
    On 03.02.2014, 17 members out of 21 decided to form society against builder and send first notice which builder rejected.
    Then we approached Co-op department Pune and deputy registrar sent him 2nd notice on 07.03.2014.
    After this notice Builder started deed of declaration on 09.03.2014
    On 13.03.2014 builder done deed of apartment with the help of 4 members out of 21 members.
    In between deputy registrar asked builder and one promoter from our society to present for hearings.
    After 3-4 hearings and almost 5-6 months later District Deputy Registrar’s final decision on 30.6.2014
    Is after registration of apartment from builder, we can’t form society. Two registrations against same property not allowed. Though Deputy Registrar was aware of the decision why he took 3-4 hearings. He could have told us straight forward that it’s impossible to form society now. But he did not. What he achieved by wasting our time, money.

    Isn’t it injustice to us? After 4 years from possession and after 2 years from completion
    Letter when members started this process. There is no value to majority of members. There is no value for date we started first. If Builder do deed of apartment of 1 member, society can’t be form. Isn’t it unfair? What is this non sense?

    There is no value for 17 members (Majority) but 1 builder and 1 member can form deed of apartment and after that society can’t be form. What is this?

    At one side government of Maharashtra supporting and calling people to come forward for conveyance deed and at other side you see the rules against common man and in favor of builders. We daily read article from newspaper on this. Minimum 5 members require, within 4 months from completion Apartment or society must be form where these rules here are in this case.

    We should all come forward to stop this. We need your help.

    This needs to change. Common man can’t bear this all now. Enough is enough.
    Present laws of co-operative housing department are in favor of builders. Please help us. There are many societies in Maharashtra facing such issues.

    Please suggest. We will be really thankful to you
    Why these laws/rules is in favor of builders. Dep. registrar should not give stay to form cooperative housing society in this matter.

  36. ana sanghe says:

    Sir
    We purchased an under construction apartment in redevelopment society from builder in Mumbai. Last year we got pocession and we are staying there. Now old members are exhanging their old share certificate with old.But they are not giving share certificate to new members until we pay rs. 25000/- as entry fees. They says it is as per by laws of society. Our point is as the old society is dissolved and new society is formed with addition of a word ” NEW ” to existing name of society, then how we are entitled to pay entry fees? Can you please guide us on this.

    Thanks

  37. Manish Asarkar says:

    ey society in the AGM passed false resolution that there is no encrochment by members on the area of the Society. When enquired MC refers to the resolution passed by the AGM and may be due to vested interest trying to postpone decision pertaining to the encrochment to ensuing AGM. what remedy i have in this. can i wait for an AGM or i have any other remedy beofer the Cooperative court or any other authority.

  38. I am facing problem of rain water from the building terrace.The ceiling of my bedroom and all wall of the room spoiled by plaster and color. The rain water is comming from a hole in the ceiling which spoil walls and ceiling too.secretary and chairman are not interested to repair.There is no dues on me.Can call a meeting for the knowledge of members ? Or what is the processor for the repair of the same walls.ceiling and terrace leakage ? Hope to receive your quick reply in this subject and thanking you.

    Yours
    Sohanlal Jain

  39. You can request the society secretary for that.

    Regards
    Adv Sonam Chandwani
    91-9096798916

  40. Arun says:

    HI ,

    I am located in Indirapuram (Uttar Pradesh) ours is a GDA society .I am a first floor resident. Ground floor is complaining for seepages from our bathroom. On many occasions earlier we have repaired the bathroom.this time we asked them to share the expenses on 50%.But they refused and started threatening us to do a F.I.R against us.Kindly advise can I take a legal action and is their any law which clearly states what is to be done.Kindly advise.also as per our RWA rule is to mutually sort the issue.

    Thanks

  41. Ajit says:

    Hello,
    We have 8 wings and a single society. We would like to know if a the members can ask for the separate book of accounts to be maintained for each wing. The records will then be transparent.
    Can we demand records of expenses wingwise from the socety.

    Regards
    Ajit

  42. Vishwas N. says:

    Dear Sir,
    I have water seapage from flat above my flat. I observed that flat owner above my flat is not co-operating insite of repeated requests. Society is saying they have nothing to with it as it is internal leakage. I request your guidance as how I can take it forward if other flat owner or society mangement is not co-operating

  43. Shridhar Salian says:

    My society gives quarterly maintenance charge bill (for e.g. Jan to March) and gives time to make payment within 30 days (as per e.g. before 31st Jan). If we make Payment after 30 days (as per e.g. 1st Feb) society charge interest for full 90 days. Is it legally correct to charge interest for 90 days, even if the said rule passed in the AGM and also we made payment on 32 days?

  44. agnelo gomes says:

    Date: 4th September, 2014
    Sir,
    Sub: Exorbitant NOC by Managing Committe of Coop Hsg Soc Mumbai.

    I have recently leased my 1BHK flat in Kurla (w) mumbai ‘L’ ward, on rent for a short term. (From June 2014). The bill was raised after 3 months in August with Rs 500/- as NOC, for each month. Regular maintenance bill comprising of Rs 794/- plus NOC of Rs 500/- totalling Rs 1294/-.

    Thus, the Managing Committee of the said CHSL has raised the maintenance bill with Non-Occupancy Charges of Rs 500/- which is more than 10% in the monthly bill. Whereas 10% calculation would amount to Rs 14/- (excluding municipal tax, BMC charges).

    Inspite of submitting a letter to the Chairman requesting to adjust the excess amount paid and rectify the error as it is illegal and unauthorised, they have continued to send me the bill for september 2014, with Rs 500/- as NOC, total bill amounting to Rs 1294/- without any reply to my letter or reason for charging the amount of Rs 500/ as NOC.

    In such a case, if i continue to pay only the normal maintenance bill amount of Rs 794/- can the managing committee levy interest on the NOC amount which is illegal and unjust. or should i pay the normal maintenance bill amount of Rs 794/- with 10% added to it amounting to total Rs 808/- (excluding municipal tax). Please advise the exact amount that i must pay.

    (It may be noted that the society is blessed with sufficient annual funds from the Tata Hub that has been installed on the terrace of the building. But there is no transparency of the inflow of funds by the managing committee)

    The format of the bill is as follows:
    (For your Ref and advice only… Our Coop Hsg Soc Monthly Bill is in this format:)

    Sr No. Particulars Amount
    1. Municipal Taxes 555
    2. Maintenance Charges –
    3. Sinking Fund 139
    4. Parking Charges –
    5. Non-Occupancy Charges 500
    6. Water Charges 100
    7. Any Other (Specify) –
    ————————-
    Total 1294
    ================

    – Kindly advise the format of the complaint content to the Registrar of the society, and the postal address of ‘L’ ward, mumbai.
    – Also the address of the officer of the Consumer court / Forum in mumbai.
    – And the format of the complaint to lodge with the local police of the concerned ward.
    Finally, how long will the matter take to be resolved as i want to know if it is worth doing this stressful exercise since the secretary is a lawyer and can indulge in crooked ways to harass innocent and helpless members like us.
    Awaiting your reply and free advice.
    Thanking you,
    Gomes
    **

  45. Dominci says:

    Hi,
    i stay on the top floor i have leakage problem, 3 years back the entire ceiling of my bedroom came crashing down and crack in the kitchen and hall, the society appointed someone and since the iron rods were all rusted they put metal rods from one end to the other end so that the ceiling doesnt fall. Since there are many cracks we face a lot of leakage problem, every year i put a tarpoline on the terrace (one end to the other end) so that is how the leakage in the rooms have stopped, however the side walls are all wet and due to heavy rains it seeps in

    Just a month back a entire block of plaster fell and children were playing in the room, they were miraculously saved, else for sure they would have died.
    i did the plastering of the room and just finished with the painting, but due to rains the paint has all come out.
    i have sent several reminders to teh society but they are not doing anythng about it.
    Though they are in talks for redevelopment, but due to internal managment / members issue, the redevelopment will take 5-7years.
    Please advice, i have incurred a lot of expense, secondly there is risk to life too.
    Whom should i approach

    My email id: dominic_baptista@rediffmail.com

  46. Brazil says:

    harrasment in our society, shows dadagiri and not planning to form society & not given the society expenditure detail, please tell whom to approach please, its like slow poisioning for us
    please give us the soloution .

    B . Rodrigues

  47. Purvang Patel. says:

    I reside at Joy Homes Co-op Housing society, located at Bhandup West, Behind Dena Bank, L.B.S Rd, Mumbai 78. My car was been parked in the society premises. Society had carried some external leakage work. That point of time I was at work. The security approached my mother who was available at home . So my mother gave them the car keys so that the car can be moved from that place. However the society manager & the security supervisor were unable to drive & move the car. This was their problem. However when the work was been carried my car was situated & parked below the building where the work was carried upon. However when I reached home I observed that my car was fully damaged.The car paint was fully damaged & the labour doing the work had srubbed my car paint, leaving scarrs on the etire body of the car. My wind shield glass has also been cracked & damaged by them. I urgently reported this to my Society Committee members & the Society Security Supervisor. I have also filed a written application with them. They asked me to get the quotation of damages being made to the car. I then presented them a bill of quotation. Now its been almost 2 months .Since then I have received no refund of the damages caused . They are now telling me to settle the case with the security guys . It is indeed the mistake of Society Committee. Whenever there is any work carried on & if there is a requirement , the Society Committee informs all members to move their respective cars . Which was not done by them . This has caused to damages to my car. I kindly request you to kindly look in the matter & please help me to resolve this as soon as possible.

    Yours Faithfully,
    Purvang Patel.

  48. Yatin says:

    Dear Sir,

    Request your advice.

    My Question is regarding Society Election for New and Existing Members.

    We have a registered Society with 325 Flats

    Yesterday the election took place for new committee, there were existing 12 (old committee) and new 16 individuals who has applied to be a society Member. out of 16 fresh members 2 were absent for voting. so effective 14 members only.

    After the election the results were declared and it was been notice that only 1 member out of the old committee was been out of the new Society management.

    All the old members has voted each other, which results to make there position secured by obtaining 12 vote which were concrete and well planed and decided.

    Question

    Is there any provision in the by law that the existing committee member do not vote for each other and have right to only vote for them-self and fresh individuals who has applied to be a member of the society if yes than under which section of the by law?

    If your answer is yes as per the by law provision than do the fresh applied members who are not elected can dissolve the committee and how?

    Yatin

  49. Abhijit Gaware says:

    Dear Sir/Madam,

    We are opening an hotel in a commercial premises of the society in Worli, the shop is owned by us. But due to some society internal disputes we are in problem. Society lacks to pay the water department payments and everbody suffers.
    Now we are willing to take a private water connection for our commercial premises so that we can run our hotel since it plays a very important part in the operations.
    As enquired in BMC we can get a private connection if the society permits by giving a N.O.C, but now the society members are denying to give the water connections without any reason.
    One more thing they are denying is a back door which is necessary for a hotel according to Fire Licence Department. But the members are also denying for this thing to be done. The door is away from the pillars and no harm or changes have been made to these pillars, they are totally untouched. Even then they are denying us to do so.
    Please suggest us what steps are to be taken so that we can further put our hotel to work..

    – Abhijit

  50. AMG says:

    Hi, I want to know if the society can now cancel a share certificate issued by them in 1996. Are there any provisions under the MCS Act for the same.

  51. Ashish Narvekar says:

    sIR,
    My Name is Ashish Narvekar , I want to ask if flat on his wife name as per the sale of agreement
    can he made Chairman,Secretary or Treassurer of the society or he take any other member inside committe.

  52. Neeraj says:

    Sir,
    from last 4 months we are requesting the mandatory NOC (Format 4) as applicable for obtaining the HP Gas Subsidy to society, but board is not giving it.Also board is not
    providing any reasons in writing.
    The procedure of NoC (format 4 Bond Paper, draft letter format) is as per government directive and is same for all the societies. All other society in our area are following
    this directive and issuing NOC in format 4.
    please suggest.


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