Redressal of complaints in Co-operative Housing Society


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:


Maharashtra Co-operative Societies Bye Laws:

173. Complaint application to be submitted to the society


(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:-




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.




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.




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.




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.




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.




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.




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

225 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.

    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.

      • 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

      • sid says:

        Ask for allotment letter if you believe they own that parking place which should be specified in the registered agreement copy.However as per law open space cannot be sold.

    • 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

      • Desai says:


        I need some advise. I purchased a flat in Mar 2008 and became the member of the society while in formation duly filling in the form. Subsequently I was elected as a part of managing committee and became the office bearer. In 2014 I purchased second flat in the same society and was inducted as a member by the agm too. For a few days I had two flats and I was a member for both the flats. Subsequently I sold of my first flat and now have one flat for which my membership continues, as per agm induction.

        The question is, because I was appointed as a office bearer or mc member due to my membership of first flat, which I have sold now, do I need to resign from mc or office?

        There has been no break in my being the member of the society. In fact there has been overlap since I was member due to two flats.

        Please advise,



    • Jai says:

      Hello Vinod,

      I hope you are well.

      was your matter resolved as in my case too society has taken NOC but old members are parking 2 or 3 cars. When approached they say you have signed the NOC and now has no rights to ask any questions

      Kindly advise if your matter was solved as it is very identical

      Awaiting for your reply. my email address is



      • eleena100 says:

        What is this NOC?
        If there is shortage of car parking spaces, they should be allotted one per member…..only after this, can a member get a second car parking space.

      • Jai says:


        It is a letter taken from us where by no reserved car parking spaces will be allocated to any new members. I did ask them that they are taking these letters but I hope it is fair enough to which they confirmed but is all verbal.

        when i approached them again, they are adamant on the same letter as why I signed it. It was clear that if I had refused that time the society would have never given permission to buy me that flat.

        It seems old members have more priority as few have two or more cars to park it. They also have rotational parking but that too they refused to allocate stating that i have signed that NOC.

        If i am not mistaken as per what i read over the net

        1. For open parking each member should have one allocated parking and if parking spaces are less that it is based on rotational parking

        2. I feel it is illegal that they take NOCs from new members for not parking whereas old members are getting all preference. This is just to hide all their shortfall in their past

        do I stand a chance to take this matter up and the original case posted by Vinod was quite similar but not sure how he resolved his matter. i am not sure whether Vinod is reading these messages as well and if he can suggest something as well.


    • Jai says:

      Hello Guys,

      Any update.

      Is it legal for Coop societies to take NOC from new buyers for no parking and old members can park as many cars they want.

      We have already signed this NoC as society was not allowing us to buy the flat.

      Kindly advise.



      • Binoy Gupta says:

        The rights and duties of a member flow from the Act, Rules & Bye laws.
        NOC taken under coercion in violation of the Bye laws is a nullity.

      • Jai says:

        Hello binoy,

        many thanks for your reply.

        Recently on 6 Jan i read two articles, one in Gujarathi newspaper and other in hindustan Times. As per the newspapaer every member should park only 1 car IN THE SOCIETY and rest should be outside the building by paying overnight parking charges or in authorised car park.

        I want to be sure whether such law is passed by BMC as I can take such paper work to the society and show them. As per the society if old spaces are allocated to any member cannot be taken back from them. Even if few members have 2 spaces allocated they cannot take it back.

        Kindly advise what next step i should take



      • eleena100 says:

        I don’t know about this news item. But the BMC can not over ride the co-op act and rules.
        And what the MC says is certainly not right.

      • Jai says:

        Hello binoy,

        Here the rules are in teh same lines of Coop hsg scty if i am not wrong. the by laws too says that every member should park only 1 car as per priority and if more cars then spaces available then it should be on rotational basis.

        Kindly also advise that if 2 or more allocated open parking is given to any member in the past and since court has bye laws stating that only 1 car per member, then should the society go back to each member and abide by the rules or they cannot ask the members to surrender additional parking.

        I am all confused here. I just need to know whether i stand a chance anywhere before i address this issue to the society.


      • eleena100 says:

        Can you address your queries to me direct on my email.

    • Oomman says:

      The easy and best way is to be in touch with people like you in the society and try to get into the management committee, so that you also become one among them. When is the present 5 year term of the committee is finishing? If they do not call for fresh elections tell the Dy Registrar they will depute the RO to conduct election.

      • Sanjay T says:

        I have a query w.r.t. audit of housing society.
        Society’s audit was carried out by Registrar. However, some of the members are not happy with the audit and audit report. They want to get audit done by a Chartered Accountant again and get report from him.

        1. Can a few members appoint an auditor for such purpose? Is it to be approved in EGM?
        2. Can these members have access to books and vouchers to get audit done?
        3. If members give approval of such audit, whether report from such auditor binding on them?
        4. Will it overrule the audit report given by registrar?


        Sanjay T

  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 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.


  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 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.

    • Sadanand Patil says:

      Approach Registrat of your area about refusal of membership statinf facts and circumtances of your case. Membership is open membership society can not refuse otherwise registrar can accept your membership after hearing both parties with proper orders.

  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


    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

      • 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 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 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:

    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:


    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

  19. anju kapoor says:

    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

  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….. / 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.



  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 – / 9819 399 621

    shall be obliged.

    Thanks & Regards,

  27. Yogesh says:


    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

  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


  32. Mrs. Kannan says:

    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.

    Adv Sonam Chandwani

    • Ivan says:

      Dear Advocate,
      greetings. We live in a society since 2012 located at Thane (W). Society has been formed since Oct,2014. We had a recent AGM meeting last week and the Expenses sheet with breakup was provided to us and discussed at large. Our society consists of 3 wings. A=83 flats, C=83 flats and B=110 flats. A&C consists of medium and larger size flats with more carpet area and common area. B consists of smaller flats ie 2 BHK. My question, the expense sheet provided indicates that larger flats to pay 50% of the maintenance charges than the smaller flats are told to pay, I fail to understand the logic behind this. MC says it is as per bye laws, I wish to know which bye laws. Can someone assist on this. How can an owner who owns a flat 2-3 times my flat size pay half of what I’m told to pay as maintenance. I feel the bye laws are being inducted and misused for the benefit of the majority. Is this admisable as per the law.

      • eleena100 says:

        All flat owners, irrespective of the size of the flats, have to pay the same maintainance charges. If you are saying that the larger flats are paying less and smaller flats more, there must be some logic which the MC can tell you..

      • Ivan says:

        Hi, could you please me an example of what could be the logic behind this. Just to clarify, my contention is not with the common area amenities as such, but on the ie electricity charges where their bldg enjoys more private lifts, and also the carpet area of their flats are much more. Sorry but i don’t see the logic. They cannot explain the logic behind this but only seem to quote the bye laws and hide behind this illogical argument.
        Thanks for sharing your views.

      • eleena100 says:

        The Bombay High Court has held that the maintainance charges have to be levied flat wise and not area wise. So if there are two flats – one 1000 sq ft. And another 2000 sq ft. And both pay Rs 1000 per month… pays at Rs 1.00 per sq ft. And the other pays Rs 0.50 per sq ft. They have given detailed reasoning in the order.

      • Ivan says:

        may be misunderstood here…… we are not questioning the quantum, but the total amount, let me set an example.
        flat of 1500 sq ft carpet area pays in totality maintenance Rs 1400/- PM whereas
        flat of 800 sq ft carpet area pays in totality maintenance Rs 1400/- PM. This only shows that they end up paying 0.93 per sq ft, whereas we are paying 1.75 per sq ft / monthly.
        Trust you got the gist of my argument.
        Tks for sharing.

    • with greetings, I live in nagpur in 100 flats of society since 2009 soceity registared from 2013 in the registar office nagpur. The some of executive membes like the president and secretary is not owner their wifes are owner and registar flats his wife name they are right to legaly participated in election or other leagal activities in society of flat owners There are all papers are signed by her hasbund and take the action others owner . it is legaly right or not kindly suggest me and wright on mail

  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:

    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.


  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.

    Sohanlal Jain

  39. You can request the society secretary for that.

    Adv Sonam Chandwani

  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.


  41. Ajit says:

    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.


  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
    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,

  45. Dominci says:

    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:

  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.


    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?


  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:

    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:

    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.


    Dear Sir,

    I am leaving at Vile Parle and my society is registered. But last 3 to 4 years they have not submitted audit report. Where should i make complaint against this. Pls. suggest.

  54. Hitesh Mulchandani says:

    I am in the process of selling my flat in Kamothe, Navi Mumbai. When I approached the society for an NOC I was asked to pay 25,600 as NOC Charges. Upon questioning about the huge charges for an NOC which has to state that there are no dues on my flat towards the society and any other government or private body, I came to know that they don’t charge the transfer fee to the buyer and infact charge the above amount to the seller of the flat. Upon further questioning and asking them the reason and logic behind this, they say that all societies in the area follow this rule and what if the buyer tomorrow doesn’t pay that amount.

    I feel this is incorrect and not legal and before the deal is finalized, all the papers legally signed the society cannot charge any amount other than a nominal NOC charge. What if the deal gets canned?

    Please let me know if what the society is doing is legal and within the law? If not what action should I take and what procedure should I follow.

    I have asked them with a copy of the bylaws which have been passed, but I have not received a single reply.

  55. Manish Asarkar says:

    Can a member who is real estate agent by profession appointed on the Management Committee of the Society. I remember read somewhere that Sub- registrar has not allowed this.

  56. ajayso says:

    External Repairs
    A group of members from the committee decided to carry out external repairs in my building.
    They later sent a high bill which I did not agree to pay.
    Now they have approached the society. The society has sent me the same amount bill as repair charges.
    What are my rights on this.

  57. Matt Baker says:

    I am a flat owner of one of the societies in Thane, We have been noticing a lot of TV/Film shooting in our society premises which surely causes inconvenience & I feel society should not do this because this is a place to live & not to commercialize. Infact the chairman himself has rent out his own flat for shooting purpose every 3-4 times a month, Considering I am alone to fight for this please advice an appropriate step

  58. panikar says:

    When y father in law was alive y brother in law left the house and stop taking care for y inlaws. my Inlaws transferred the flat in y wife’s name, and still live there as they do not have any other house to live. Now property price goes higher and my father in law is not alive.
    My brother in law made a good relation again with my mother in law and now both want flat back as my in laws were paying maintainence till now. It is been 10 yrs. the flat is transffered in my wife’s name. can u please suggest me some guidence.

  59. bandish Kothari says:

    Is there any society rule, in which society cannot issue noc for passport verification of member relative, If member due is unpaid. and society cannot give noc to member, i dnot know, please help me, please suggest me some guidance

    • Binoy Gupta says:

      The Society has no role to play in the entire Passport verification process. You have to submit only proof or residence and proof of identity. If the Society creates any problems threaten them that you will file a case against them.

    • Ivan says:

      Sorry, it is demand of passport office to provide NOC from the society that you stay in.

      • eleena100 says:

        There is no requirement to submit NOC from Society.
        You go to the Passport Sevak Kendra web site and see which documents are required…..there are options.


    Whether the secretary of a deny to accept the letter of any nature from a member saying I have other personnel works also.I have no time to accept any letter.

  61. shreyas aher says:

    I am having flat in a building having 20 members and till date builder not registered it as CHS for day to day mtce some 3-4 persons from bldg form a comitee. I have given my flat on rental basis so they demanding 850 p.m. as mtce charges bt from other owners charging Rs.700/- p.m.. Can you tell me is it correct and if not to whom i will complaint

    • eleena100 says:

      Even housing societies charge a little more mtce charges on rented flats.
      But when did you purchase your flat….why no society has been formed and what about conveyance?

  62. kiran says:

    I am a tenant and society has issued notice that all tenants have to pay 1000/-0 as mandatory charges for all tenants for Gym membership. Can this be filed in consumer society

    • eleena100 says:

      Kiran….is this Rs. 1000 a one time charge or monthly charge ?
      If you don’t pay this, and if you have the gym,….the expenses for the gym will be distributed amongst the members in some other form.
      Perhaps you are thinking that only those members who use the gym should pay for it.

      Of course, you can approach the Consumer Forum.
      But i am not clear on one point….are you the tenant of some member …….in which case only the member would be able to file the Consumer Complaint.

  63. Lokesh Chaudhari says:

    Hello Sir. I am a Dentisit and have my dental clinic in a society and need water for treatment. I have requested society members and General body to provide me water connection in my clinic, but they are refusing to give me. And they says that this could incur a commercial charge to all society members because of giving water connection to clinic. For a dentist, we dont require that much of water for treatment. I can say 100 Litres in a week. Could you please let me know whether a clinic in a society should get water coonection or not. As in the society there are only 2 shops.

    • eleena100 says:

      Doctors clinic is allowed in residential premises.It will not be treated as commercial use.
      Try to convince your Society people.. Otherwise go to Consumer Forum.

      • Lokesh Chaudhari says:

        Dear Sir, Can you please provide me any written government documents which i can share with the society members.


      • eleena100 says:

        What is the area of the clinic ….on which floor is it located…and have you take wnat is loosely termed Gumasta license.?
        If I remember correctly, these rules are in the DC Rules…..under activities permitted in residential buildings.
        I will search it out and email to you tomorrow….

      • Lokesh Chaudhari says:

        Thank you for your prompt response sir. I really appreciate. My Clinic is in Ambernath. Clinic has 170 sq.ft carpet area. Clinic is located in the ground floor. Entrance to the society is from back and my clinic is in front. I have requested them to provide water connection in my clinic.

      • eleena100 says:

        The position is very clear.

        Rule 51(iv) of the D.C. Regulations reads thus:
        51. Purely Residential Zone (R1
        Zone) – Ancillary uses
        permitted :Apart
        from residential use, the following uses and
        specified ancillary uses to the extent of 50 per cent of the floor
        space of the principal use shall be permitted in buildings,
        premises or plots in the purely residential zone:
        (i) ………………….
        (ii) ………………….
        (iii) ………………….
        (iv) “Professional Offices and studies of a resident of the
        premises and incidental to such residential use, or medical and
        dental practitioners dispensaries or clinics of a resident of the
        building with only out patient treatment facilities without any
        indoor work, each not occupying a floor area exceeding 30 sq.m.”

  64. Gregory says:

    Im having a shop in Mahavir villa cooperative society.palghar.The society has not provided any basic facility like toilets , water supply lights etc and want maintenance.
    Also now they have started to build a wall in front of the shops to block our customers saying for security reason.
    Kindly suggest me the correct way to deal with the issue.
    Thanking you
    Gregory Dcosta

    • eleena100 says:

      Can you specify the nature of the shop……..if its commercial, you will not be able to approacch the consumer forum.
      You can approach the local court and get a stay against building of the wall.

  65. Gregory says:

    Dear Sir/Madam
    Im having a gift shop and the cooperative society has not provided us with basic facility like toilets lights and other amenities.
    Also they are building a wall in front of the shop saying for security reason.
    Kindly suggest me the proper way to deal with the problem

    Waiting for ur anticipation

    Thanking you
    Gregory S dcosta


  66. sivan nair says:

    I own a flat in Dombivili East and have been residing there for the last 9 years. Two committee members were jointly plotted an idea of changing terrace water pipe lines suiting to their benefits. They have taken signatures of few members and changed the terrace water tank pipe line due to which unequal water supply is the current scenario. The paper in which they have obtained signatures of members does contain my signature also. Infact I do not understand Marathi Language either to read or write which they took benefit out of ignorance. By providing false information they have taken my signature which is considered to be my consent to do so. This is clear case of breach of trust and cheats which I informed them later.
    When I complained to the Chairman (he is a policeman) and Secretary they refused to entertain my complaint. In return what he had asked me is you are getting water in your flat then why do you want to make an issue? I replied to him that it is a matter of pipeline installation and not the water. By changing the pipe lines you have twisted the pressure to other side benefitting to your committee members. As long as the committee is releasing more water there is no issue but when there will be less water from MIDC you will be pumped less water into the tank and that time the pressure will draw more water on other side of the pipe. This side will get less water, in such way the pipe line arrangement has been arranged made by you.
    The Managing Committee did not try to understand the technicalities. I took the help of a lawyer and sent them a notice in which the lawyer written that notice money of Rs.5000/- will be levied from the Society. In the AGM they were made an agenda and had fined me this amount. After a month another notice was issued to me saying that 21% interest will be levied if the fine amount is not remitted.
    When I complained to Registrar, the society had filed false remarks against me and finally the registrar had told me to approach court for pipe line change.
    Can I file a suit in the court?
    Is not ill-legal extortion? Which bye-law supports this fine?
    Before changing the pipe line it is the moral duty of the Managing Committee to discuss this matter before the flat owners by calling a wing meeting and finally get sanction in the AGM? Because the society is running with the maintenance contribution of 11 wings due to which it is mandatory to place the subject before AGM for approval and that is the safer side of the committee.
    Managing Committee is not providing me NOC for passport renewal & papers for police verification process for Govt, purposes
    Due to this problem I lost my business, which I can prove in the court of law
    No business and how can I pay income tax and sales tax.
    Can I claim compensation from this Chairman & secretary?

    Sir, your valued advices help me a lot.


    • yazdi says:

      Take proper legal advice and go to Court. However, your not knowing Marathi may not be an excuse. Please do not sign anything which you don’t understand.

    • eleena100 says:

      Imposition of fine and interest on that is definitely illegal.
      Not giving papers etc. amounts to deficiency in services.
      So far I know no documents are needed for issue of passport ……
      You can file a complaint in the Consumer Forum….for all these.

  67. Nitin says:

    In our society some dispute have arised between building and row houses related to maintenance charges.

    There are 80 flats in 8 buildings and 14 and 15 row houses in each lane.

    The dispute arised because the layout of society is divided by a government road in between.
    The amenities like club house, swimming pool and garden is in the building premise.
    The 2 lanes of row houses are having there own premise without any amenities but 2 security guards.

    In last AGM, the 2 row houses were levied with charges of their own security guards along with increase in charges for better facilities. The row houses people objected in the AGM itself but still voting was carried out and charges are applied. The voting won by majority as there are more people in buildings i.e. 80 vs 29.

    The old committee has resigned and asked the new committee to resolve the dispute. Even after 4 months no solution has arrived and the differences between row houses and buildings have increased. Building people are not accepting the maintenance division by bye-laws which says security (watchmen) should be shared equally.

    Row house people are protesting by not paying the new charges. Building people are paying with new charges which have now increased. Hence the differences are growing.

    Please suggest what should be done in such case.


  68. Lucy says:

    I stay in Nallasopara (E) with my parents, Starting this December 2014 there has been fan noise emiting from my ground floor neighbours. My mother had requested them 3 times, but to no vail they are not listening and are adamant not to repair the fans.

    I had submitted a complaint letter on 15th Dec 2014 to the Society Secretary,but so far she has not done anything. She also had come to inspect in our house , and has heard the noise.

    It is a nuisance ,as the noise is very loud in the nights like a motor running. we have also asked the opinions of 2 electricians ,they too say it is their fan’s noise.

    Due to this we are disturbed and have sleepless nights.

    Please do advice as to what i should do now.


  69. vivek says:

    Whether Rules for committee of SRA co op housing societies and rules for other co op housing societies are different?

  70. Lucy Fernandes says:

    Should I submit one more letter to the Secretary ?

    • Binoy Gupta says:

      Lucy….please take a practical approach.
      Go up. Explain your problems. And offer to change the fan with a brand new one at your cost.
      It’s hardly the cost we spend on a movie.
      This I’ll give you peace of mind……

  71. Lucy Fernandes says:

    Thank you, shall try this

    • Lucy Fernandes says:

      My problem has been solved, ( fan noise from the neighbour’s house), The Secretary was very adamant not to support me , thanks to the other Society members it has been solved.

      Both the fans were damaged, as per the electrician, one of the fan would have fallen down after few days.

      Now we sleep peacefully in the night.

  72. Gaurav Singhal says:

    I own a flat in Pune which I have rented out. Recently builder handed over it to society and a co-operative society is now formed. New society members have now passed some new rules/policies such as:

    1) 25% extra maintenance charges by flat owners who have rented out their flats.
    2) If a flat owner needs to rent out his flat, he needs to obtain NOC from society. For issuing NOC, society is asking for Rs. 11000/- as deposit along with many other documents.

    While I am ok to support any documentation requirements, is charging higher maintenance and NOC charges for renting flat is legal? Can this be challenged?

  73. vijay doke says:

    Dear All,
    Am Vijay Doke, stays at Kalyan, my complex consists of 4 separate buildings with 30 flats each having single registration.
    Of late flat owners of 3 buildings are facing severe problems from 1 people in standalone building like parking issues, non payment of maintenance etc.
    Is there any way out if 1 building can register themselves separately and what will be the cost?
    FYR, 4 buildings are in single premises with 2 gates.

    We have made several complaints to Depty Secy of HSG Reg and local police station but to no avail.

    Your help is much appreciated.


    Vijay Doke

  74. Mahendra Mange says:

    Dear Sir,

    We had a query regarding an ongoing reaudit which is currently on for the duration 2007-08 to 2011-12.

    Our society in ghatkopar-w, was formed almost 50 years ago by around 230 members or thereabout.

    Subsequently, only 7 buildings were built housing only 180 flats, with 5 buildings build around 1970 and the remaining 2 building completed around 1984 and 1995 or there about.

    The present MC, run by the current Secretary has been in charge of the affairs of the society for more than 25 years now.

    We had obtained DDR permission to get the society re-audit done in May 2013 and accordingly based on the initial estimate of 180 flats, we paid the required fees @ Rs 36 per year X 5 years X 180 flats in Sep and the re-audit commenced in Nov 2013.

    We have now received a letter from the re-auditor to pay a difference of fees as the current members of the society stands at 232 despite the no. of flats still remains 180. Also, the regular monthly financial contributions to the society is only borne by 180 member.

    It appears, that the society had some plots which are now illegally occupied and only the title of the plot remains in the name of the society since 1970.

    Will need to know if the re-auditor is right in demanding additional re-audit fees for additional 52 members, when the society only has 180 flats with monthly contributions from 180 members only.

    Will Registrar has power to cancel the 52 additional Member ?

    Thanks in advance for your time.

  75. Lucy Fernandes says:

    Hello Sir,

    Would like to know if my father is not able to attend the Society meeting, can my mother attend the same/

    Is there a procedure for her, has she to sign an associate letter in order to attend the meetings.


  76. Lucy Fernandes says:

    Ok, Thanks.

  77. Danny says:

    Hello I want to make a complaint regarding illegal election process adopted by the Managing committee and even MHADA officers (Bandra). As per the bye laws, there was no 60 days provisional list, just within 10 days a notice was issued and few members joined the meeting conducted by Election officer, who did not even check the eligibility of voters and nominated candidates and to my surprise investors who were seen for the first time in the society and whose house is on rent has been elected as one of the managing committee. Out of 11 posts there are only 6 members residing in the society and rest 25 members have given houses on rent.
    I raised a complaint to Dy. Registrar 5 days before to stop this illegitimate process and to adopt a legitimate process, but nothing happened. Election was held today and I could not do a thing.
    I am going to complain against the election officer and members who have carried out this election process. But my dilemma is should I go to Dy. Registrar or do we have any other offices like MHADA CEO, CVO, Registrar, Election Office, etc…
    My society is in MHADA Andheri (w), KW ward and falls under Bandra East MHADA jurisdiction.

    Anyone out there please help or call me on 7506357578


    I need help t transfer a comnon plot on society name . Tha buler has sell and build a tenametnson a land . The plan was approved by the authority with common plot in t. NOW THE LAND OWNER DENIED TO TRANS FER THE comnon PLOT ON OUR REGISTERS SOCIETY NAME.

  79. Lanet Gonsalves says:

    Being harrased by our Society Chairman and Secretary by being levied arbitrary charges in maintenance bills and on refusal to ;pay I am being charged penalty and interest thus inflating my bills …Inspite of talking to Manager and giving written applications I am left without any respite…It is very unfortunate that autocratic behaviour is being meted out…

    Kindly let me know how I can get help in this regard for a detailed discourse…Kindly contact me at the earliest

  80. Ajay S says:

    Dear Sir,

    I live in Pune in a housing society and would like to understand the following:-

    Can a society stop a common facility of a society member like garbage collection, water supply etc if the member is causing menace or let’s say he/she is putting flower part in external part if the balcony causing inconvenience to other members. To put it simply, can society stop the services for which the member had already paid considering it as penalty?

  81. Yogesh Patil says:

    Dear Sir, Please advice – I am about to purchase a resale flat in pimpri chinchwad municipal corporation area. He is the first owner and he got the possession letter from the builder in August 2013 and he is staying there since then. The building completion certificate was received in April 2014. The housing society is formed just 3 months back i.e. November 2014 and the share certificates have come just this week and yet to be distributed to the members. The society is ready to give NOC for this resale by accepting some amount. But I read somewhere that as per Maharashtra housing society act 29(2)(a), the owner cannot sell his share/interest in the property before one year. So will this resale transaction be legally valid if society provides NOC? How is this one year period calculated, from the possession date or completion certificate or society formation or share allotment?

  82. Parita says:

    Dear Sir,

    Please advice- I lives in Co-op hos. Soc. We have main water pipe also have sub water pipe, which provides water in my flat, so in last week it had got damage because of rust, I have repaired that pipe on my expences. I want to know that who will be responsible for payment for this loss of water pipe in society. Should I am applicable to reimbursement from society.
    If there any applicable Act(rules) for co-op.hos.soc , so kindly show the way forward.


  83. Amit Narain says:

    Dear Sir

    I am leaving in my brother’s flat of a Co-op society since Nov’14 before me one tenant was there, Society is charging Non Occupancy Charges in society bill.I am giving the letter to society regularly but they have Issued the letter to me.

    Where they have mentioned in letter that ,this kind of practice will be continue till coming AGM and we will decide in AGM that will be chargeable or not.

    What should we do the further Kindly suggest me.

  84. Dhananjay singla says:

    Respected sir
    we are living in House No 190/2 Kayasthan street Panipat , some people opened some shops near our Residence in residential area commercial shops , which creates so many problems like wise air polution , noise polution . we are very much disturbed about this all happening in our street . workers keep on working late night with their machines , so much loud voices comes . they burnt some of their material even we cant breath properly . sir please guied me for a legal action or please help us and take out us from this situation .
    we are very much thankful to you .
    Dhananjay Singla
    PH. 09050708071

  85. Rajesh says:

    MY Gandfather had brought a resale flat in the name of his spouse (housewife) he has 2 sons and 2 daughter one son by way of sale deed paid stamp duty and registeration charges transferred the said flat to his name with out the consent of the other family members……… is this the right way can the other family members fight for their share and get justice please help.

  86. Rajesh says:

    Can we as an individual ask the society under RTI to give us the copy of all the documents / records that are in there in their file related my Grandmother flat.

  87. Pawan Parekh says:

    Dear sir,

    We are residents of Om Vasundara chs , near vijay park mira road east. Thane.
    On 4 jan.15 a election was held in front of 2 register officer of thane. Most of the members of society whom the society people don’t like them, and they choose as committee members. Now this process requires 15th days to complete or else it get dissolve. But this happens after 30 days in feb.15 with the help of 2 register officer, For which 2 lavish party was organised by the selected members in Beer Bar.
    Now we request to dissolve the committee as it is illegal.

    • Pawan Parekh says:

      Dear sir,

      prior to my earlier comments I would also like to inform to take a action against the registrar officer where they are supposed to support the people but when themselves do the illegal things then where the people will seek for help.

      Pawan Parekh

  88. Pawan Parekh says:

    As per email on 9th msr.15 , I didn’t get any information from the Registrar officer. Thane
    This is of Om Vasundara chs ltd, mira road east Thane district. Problems.
    Till when should I wait for the reply.

    Pawan Parekh

  89. What is the website of the registrar of the co-op soc of the dombivali for my complaint against co-op soc.

  90. Harshil says:

    I have rented my flat to a group of gals. I have done police verification and an agreement of two years. While making this agreement there was no society in my building so I was unable to get a noc from society .but now they are objecting and telling me to vacant the flat and also they are saying that the society is there since 2011 so what should I do now please help me as they are not giving me a noc also

  91. Hiten Kothari says:

    I am an owner of the Flat in my Hsg Society, I have always paid all my dues to the society on time and as on date there are no outstanding payable to society, then also the secretary of the society is not issuing the NOC for sale of my flat and infact he is misguiding the buyer that he will not issue the NOC and will not transfer the flat in the Buyers name if he purchases the flat. I Know that for selling the flat I do not require any kind of NOC from Society, But the Buyer is having concerns and in a way they are hesitating from buying my flat. In such case What Legal action should be taken against the secretary and the managing committe, Can I file a case against the society for the financial loss i am facing as i am not able to sale my flat and can i claim for compensation from the secretary

  92. Amrapali Majety says:

    I am a resident of a HSG in Miraroad. We reside in a 7th Floor flat (of total 8 floors) which we purchased in the year 2007 from the builder.

    Since then we have been grappling with scarcity of water every now and then. We however could not complain as the society was yet to be formed and we were re-locating to a different city
    Upon our return in 2013, the current Managing committee was in place. The water problem however was still prevalent , with committee managing to maintain the deficit of BMC water with that of Tanker water. Where tanker water should be strictly used for the Toilets and BMC for washing , bathing and cooking.

    The underlying problem of unequal water distribution however has still not been addressed. When the BMC water is supplied, the MC argues that none of the 7th and 8th floors may not get as much as the ones below because the water pressure at these floors is not sustainable.

    Many lower floor residents however use only BMC water and do not store tanker water at all , leading to a short supply of water to the floors 7th and 8th.

    Therefore the residents of 7th and 8th floors usually depend on the dirty Tanker water for majority of their necessities, as the BMC water is no more than a few 100 litres. where as all the floors below have excess BMC water which are even used for toilets. This defies the logic that Tanker water should be used for toilets and BMC for all the other household requirements

    This summer the problem has been threefold what with all the BMC line leakages and pipe bursts everywhere in the city , the total supply to the society has been reduced by more than 30% and supplied only once every 36 hours. This means we get water effectively alternative days.

    With this shortage, the amount of water we receive is even less and restricted to no more than 50 litres which literally is not sufficient for the survival.

    The maintenance charges however are on par with that of the other floors , and the water charges make up 30% of the bill. We have been tendering maintenance charges timely and have no dues.

    We have complained several times to the committee and have also issued a written grievance. There has been however no improvement in the situation as the committee firmly believes the higher floors may not get sufficient water and have to live with that.

    Could you kindly assist me in understanding, if water supply a sole discretion of the managing committee and do the by-laws state that higher floors may be affected and is acceptable ?

    Also how can I approach the Co-operative court as suggested in your blog. Could you kindly let me know the procedure and also if I have a case in this regards.

  93. Swadesc says:

    The MC in my society regularly makes cash payment (in excess of Rs. 5000) to vendors. My understanding is that as per cooperative society bye laws all payments in the excess of Rs. 1500 shall be made by means of crossed A/C payee’s check. What action can we take against the Managing Committee? Also the MC meetings on crucial matters are without the required quorum (for a society between 100-200 members the MC quorum as per bye-laws has to be 7). How can this be stopped, since we find that MC decisions are being regularly taken by only 2-3 committee members, while the rest are not present or consulted in a meeting. Pls advice.

    • eleena100 says:

      Why do you want to pick up a fight?
      There are many instances, where the seller will not accept a/c payee cheques.

      If the requisite number of MC members do not attend the meetings, and satisfy the minimum quorum requirement, the remaining members have to take decisions.

      After all the Society’s business can not wait for the sweet will of the absentees.

      • Swadesc says:

        Overlooking such behavior sets a precedent for future actions. Isn’t it the duty of MC to inform members about such exceptions e.g. like making big cash payments. If this is allowed you may never be able to trace the money trail and it will open gates to unchecked corruption. To give you an instance during the festivals last year the MC procured decorations and light worth Rs.30000. This was a cash purchase!!! So where do you put a stop to this? I don’t want my hard earned money that i pay as maintenance to be squandered. Its not about picking a fight, its about nipping such behaviour in the bud.

      • eleena100 says:

        You can file a complaint with the Asst. Registrar of Co op. Societies or with the Consumer Forum.

  94. Abhishek Sen says:

    Dear Sir,

    I live in CHS in Thane. Recently I have installed a split AC iny flat for which I had to perforate the wall to make a hole for the water pipe to come outside. This perforation and the pipe can be seen from outside the building. Our building already has 2/3 such instances. But immediately after my installation, my society president called me to inform me that perforating the wall has an illegal act on my part. Wanted to k ow is there any such law that prohibits me to perforate a hole, just for letting out a water pipe for a split AC. Will be highly obliged if you can kindly share some light.


    • eleena100 says:

      Technically, the President is right.
      But act wisely, explain to him that you did not know the legal provisions, that others have also done the same thing, and request him to give you ex post facto permission.

      That should resolve the problem.

  95. Pratik says:


    I am residing in Pune. I have purchased a new flat 2 years back from Builder. I have taken the possession of the flat. But since last two years, they have not installed the MSEB meter to the concern flat. I have been taking a regular follow up but they been saying that it will be installed in a month or two.
    The building was constructed in a joint venture. But due to some disputes in both of them, they have gone in court matter.
    Pl. suggest me what should i do ?

  96. VINAY SHARMA says:

    What are the powers of society to stop a member to renovation and structural changes even though no beams and columns and building structure is altered what is the option to member to appeal against the order of society restoring such renovation work

  97. Sudip Maity says:

    I am residing in Thane,Maharashtra. Our Co-operative society was going on, and it take time as Auditor says..
    Member of the society want to install CCTV Security System,
    It is allowed to do such Expenses during Audit is going on?
    Pl. suggest me what should i do ?


    • eleena100 says:

      The Audit is for the period which is already over.
      It has no relationship with the CCTV Security System.
      Under the present state of affairs, the CCTV Security System has almost become a necessity.

  98. sandyugly says:

    Sir, I purchased an underconstruction flat in Dec 2013 and now in April 2015 we are getting possession before possession the builder told me verbally that I have to pay 85000 rupees as society charges and 27300 rupees for advance maintainence charges for a year till d society I formed. And I will be getting only maintainence charges receipt. In vasai east builders generally do not give society receipt. I was also told that payment should be made in cash and society receipt will not be given. Now when I reached builders office to pay society and maintainence charges so that I take the possession letter. I was shocked to hear from.The builder that society charges have gone up and I have to pay 125000 rupees instead of earlier 85000 rupees for society charges. Means 40000 rupees extra. Without any prior intimation or anuthing they had increased the society charges wen it was time to get possession. I was shocked and was told that we are cooperating with you and will give u possession keys and posession right now and will give you maintainence and possession receipt when I pay extra 40000 rupees. This is totally unethical. Before possession we received a letter from.buolfer stating we are happy to give possession please pay remaining dues by April. There was no.mention of society or maintaince charges in wroting. They acted so smart that they never wrote society charhes in any of their written communication and thatsy today they have increased the society charges on top of it we hav to pay by cash and we cannot get receipt for that. Once I pay all d amount only then i will get possession letter. The builder told me that I am.over reacting. They are giving me keys amd giving possession and giving time to arrange remaining 40 k. This is what he is saying. Builders have good touch at municipal corporation. I feel this is unethical. I want to pay but now I want to pay by cheque and I wany a receipt for the society charges. Please sir help me pls. If there is anything that u did not.understand pls ask

  99. Ranjit Mohanty says:

    Dear Sir

    I have a flat in one of the housing society in Ahmedabad, Gujarat. the society has decided to collect the maintenance charges for 6 months of 12 12 months. However due to my current financial situation, I requested them to allow me to pay the charges every month. I requested them through mail.

    While requesting them I agreed to following options

    1. I will pay 12 post dated cheques so that they can encash it every month.
    2. To avoid additional cost of depositing the cheque, I also agreed to pay the cost every month through bank transfer on the designated date as decided by the society.
    3. I also agreed to pay any additional charges as decided by the society in case I could not pay the money on time as decided.
    4. I also agreed to pay the charges for 6 months in case my financial situation improves in future.

    However the society is not accepting my request and insisting me on paying the charges for 6 or 12 months.

    Can you suggests if I can be forced by the society for the same. Is paying every month is illegal and if I have any legal protection for the same?

  100. Hi Sir,

    Our Society is charging nominal fees from members for using society’s vacant office. At the same time our society is giving it free of cast for use to one Senior citizens forum whose founder is our chairman without passing any resolution in GB or without consent of all member’s of our society.

    1. Could you please update, is chairman allow to give it free of cost to any outsider, while members are paying money, if they want to use it ?

    Is society need to take consent of all member’s to give it to outsiders?

    Also isn’t it a conflict of intrest, as few other members are bearer of senior citizen forum.

    2. Our society is charging 3 month’s advance maintenance, isn’t it a violation of law?

    I live in Kothrud, Pune.

    Thanks in advance..

    • yazdi says:

      In both the cases, if General Body has allowed, there is no issue. if not, you may take it up in the next General Body Meeting

  101. Jayant Halbe says:

    I am resident of Pune,living in a Apartment,located in Narayan Peth,Pune.I would like to know,if chairman & secretary after repeated reminders,avoiding to do their duties,what law says in this regard?If I want to lodge a complaint againest working procedure or avoiding to do their duty as a chairman & secretary of my residetial apartment,to whom I should inform my complaints?pls advice
    With regards
    Jayant Halbe
    Pls forward your reply to my e mail id mentioned above

  102. Sachin Haldankar says:

    I have one flat in nallasopara west. My society secretary & some other people of society forced me to sale my only Maharastrian client. Secretary do not like other caste people. He worned me that if I sale flat to other than maharastrian client so they will create some problem. In this society have two U.P. family & one Gujurati family.

    Please give me some advice. can registrar of society take action on it quickly? or I approach police?

    Please forward your reply to my e mail id mentioned above.

    • yazdi says:

      What they are trying to do is illegal. Ask them to put it in writing before you take action, else how are you going to prove it ?

      • Sachin Haldankar says:

        They are not ready to give in writing. But I have some voice recording in that they clearly communicate about caste discrimination. They said against UP & other caste people.

    • eleena100 says:

      Find a willing purchaser and sell your flat to him…..the MC can not do any thing.

  103. Gaur Satyanarayan says:

    Please guide me on Redevelopment Guidelines of 3rd January 2009 ( 79- A)

    If any committee is not properly following procedures of abovesaid guidelines in it’s first stage itself i.e. about majority required of 75 %….& proceed further.Say they proved it by making Associate Members in unlawful manner.(CHS has accepted New Bye laws of amendment -97 also)
    Further they have appointed PMC also in its first meeting….. accepted feseability report on the basis of old DP Plan & now planning to invite tender when DP Plan is yet to be come.My question is

    1 ) On the strength of unlawfully sanctioned  resolution if committee proceeds in such galloping speed…can we term it as unlawful conspiracy of committee leading towards financial gain.

    2 ) Believing the truth that Jt.Registrar will take its own time can i apply to police suspecting the conspiracy.

    3 ) What more options do we have other than Jt.Registrar ?

  104. Gaur Satyanarayan says:

    In two different ways different Bye laws published by 2 association has narrated in sr. No.43 pertaining to Leave License .
    1 ) Do we need to merely intimate the Committee of giving our flat on rent .
    2 ) Should we seek NOC of the society & after obtaining the NOC …proceed with the agreement part & intimate the police .
    3 ) Can Committee deny the NOC on the ground of default of payment .
    4 ) My society is regd.6 months back only but till date he has not demanded maintenance bill in legal manner.They have been collecting exorbitant manner & spent on maintenance though the bldg. was in Mhada’s undertaking & allottee’s are required to pay 30000/- per year as maintenance charges to MHADA.
    Please advice considering it as Promoter’s society before registration.
    9969446500 Sir,
    In two different ways different Bye laws published by 2 association has narrated in sr. No.43 pertaining to Leave License .
    1 ) Do we need to merely intimate the Committee of giving our flat on rent .
    2 ) Should we seek NOC of the society & after obtaining the NOC …proceed with the agreement part & intimate the police .
    3 ) Can Committee deny the NOC on the ground of default of payment .
    4 ) My society is regd.6 months back only but till date he has not demanded maintenance bill in legal manner.They have been collecting exorbitant manner & spent on maintenance though the bldg. was in Mhada’s undertaking & allottee’s are required to pay 30000/- per year as maintenance charges to MHADA.
    Please advice considering it as Promoter’s society before registration.
    9969446500 Sir,
    In two different ways different Bye laws published by 2 association has narrated in sr. No.43 pertaining to Leave License .
    1 ) Do we need to merely intimate the Committee of giving our flat on rent .
    2 ) Should we seek NOC of the society & after obtaining the NOC …proceed with the agreement part & intimate the police .
    3 ) Can Committee deny the NOC on the ground of default of payment .
    4 ) My society is regd.6 months back only but till date he has not demanded maintenance bill in legal manner.They have been collecting exorbitant manner & spent on maintenance though the bldg. was in Mhada’s undertaking & allottee’s are required to pay 30000/- per year as maintenance charges to MHADA.
    Please advice considering it as Promoter’s society before registration.

  105. Dinakar A says:

    Complaint against secretary and Prasad Gawade of Baliramgauri CHS for misuse of powers, shop owner Mr. Shelkar and Rajmata Wadapav.


    I am Dinkar Auti resident of Baliramgauri CHS, Kalwa(W), Thane. Since last 3-4 months we are facing water problem and air pollution due to Rajamata Wadapav. Rajmata wadpav rented shop from shop owner Mr. Shelkar and without any prior intimation and meeting and idolizing they directly started Wadapav shop and due to that we are facing major issues in terms of water supply and health related because of polluted air by fried oil. It’s giving my family stress and my 7 month old daughter.

    We did complain against him to society secretary but he didn’t act on it and neither he is ready to acknowledge the application. Instead they are supporting all illegal activities done by Rajmata Wadapav.

    Kindly help where we should go and what we should do against these corrupt secretary and other members Prasad and Shelkar.

    Your guidance and action would be highly appreciated.

    Dinkar A

  106. sujit says:

    Respected Sir / Maam ,
    My father has been a member of the society since 1974 and has recently undergone a paralytic stroke . Due to the same he is unable to revert to society letters or sign cheques etc .Taking advantage of the same the secretary of the society has been doing unjust things by blocking the entrance of the car garage with debris and causing other nuisance to harass him . When i as son reverted back ,he stated that by society bye laws you do not have any right to write letters even though delegated by the member my father unless flat is in joint name .
    Kindly assist .

    Thanking You ,
    Sujit Shetty

  107. rakesh ranka says:

    sir, last year I bought a top floor flat in a co-op. scty in vile parle in my wife’s name with the stilt parking in resale, when we shifted I noticed there i flower bed in front of my car parking & on turn to enter to my parking they allotted two car parking on top of water tank illegally to other members (one is allotted to the treasurer of the scty) by taking handsome amount, because of these parking i am facing very much difficulties & cannot take my car from there & it will take me for almost 5-10 minute daily to pass through. when I raise my objection that I am facing problem on turning & as well to take out my car from my parking. but they became deaf & never reply. My repeated attempt to contact them or talk to them could not succeed. they are saying you take prior appointment but before come to the MC but they are not facing us also nowhere written in society for office timing. instead of solving this issue they started to harass us. they put lot of hindrance in front of my car & when I remove them then they falsely alleged me for damage the society property & impose a fine of Rs.5000/- on me. when I strongly object for this & ask them for how can u impose this kind of fine but they are adamant. when i ask them all the details of the property but they ignored & said it is unanimously decision taken by the MC. Now another issue for permission given by the society for split units installed above our bathroom duct by the co members, due to this we are having problem, we are facing scorching heat & as well we live in fear as it is a vulnerable issue recently in mumbai lot of fire take place due to short circuit in the split units, they are playing with the safety of our life, we are in very much stress due to this, when we ask them to remove or divert the same but they ignored. I don’t know what to do ? should I file criminal complaint against them for this ? MC members are very arrogant not listening & do the things at their own. we are also facing serious problem for cleanliness as our premises is very dirty, the gutters are over flown all the time but they kept mum on all this issue. I wanted to know is this permissible in law to park the cars on top of water tanks ? water tank on ground level & all the rainy water is mix with is allowed to keep water tank on ground level ? pls suggest what I do ? we are new in this scty & we don’t have much communication to other members.

    • Binoy Gupta says:

      Where is your flat located?
      Stilt car parking spaces can not be sold or transferred, even if this is mentioned in the Sale Deed.
      They belong to the Society and have to be allotted as per the Bye Laws.
      If you are aggrieved by their action, you should approach the Consumer Forum.

  108. Jaspal Singh says:

    Hi Eleena,
    We have a flat in Chembur East. Our grand mother had made a registered will in favor of my Mother in 2002. The then Chairman & secretary however went ahead and transferred the share certificate in my dad’s youngest sons name with a Gift Deed which was made on a 100 Rupee stamp paper. (The Gift deed has not been registered).
    We have filed a case in the co-operative court and it has been more than 4 years nothing is being done. My Dad’s brother had taken help from one of the affluent person in Chembur who owns many Bars and hotels and has taken possession of the house. He has hired a tenant as well and the new management is also hands in glove with him.
    Please advice as to the next steps as our earlier lawyer took money from us and never went to court for one single hearing.
    I will appreciate your true advice as to how we get our flat our flat back. My mother is aged and not keeping well which has added a lot of tension for me.
    Please help. I can be reached at 9769 569 710.

    • eleena100 says:

      I would have advised you to approach the Consumer Forums. But you have already filed a case in the Co operative Court….

      You should consult an advocate for early relief either in the High Court or City Civil Court.
      I am suggesting one name:

      Sandeep Jalan, Advocate
      Mobile 9820671212

      • Jaspal Singh says:

        Thank you Sir. we have not obtained probate of the will. I will get in touch with the Mr sandeep Jalan. I also have a query in regards to our shop. Below are the details.

        We have a shop at the address: Vasant Prabhat Building, Shop No 2, Sion-Trombay Road, Chembur, Mumbai 400071.(Pagdi System) Kanlors is Bachubhai Chauhan

        My father’s brother Amarjeet singh Sawhney with the help of then Sr. Inspector P. P. Boparai of Basant Park Police Station who under the influence of one Manjit Singh Abrol Owner of Many bars in the Chembur area helped Tress pass my shop in the year 2007.

        I was openly threatened by the Sr. Inspector P P Boparai of Basant Park Chembur Station in 2007 that I should give 50% of the share to my brother or I will have to suffer in court and he will have false cases put on my father and our family.

        All the Brothers and Sisters had filed a case against my father in the Small causes Court and after 4-5 years the case was taken back due to insifficient evidence. The court had sent notices to all the brothers and sisters to appear before them but no one came ahead.

        In the order the small causes Court has ordered as below:

        suit is posted for filing evicrenee. pla,intitf No.1 had filed apprlication ro allow him ro withdraw suit. Application rejeffed on the ground that, nor filed by all the
        Piaintifs and Plaintiff No. 1 was not authorised by other pltffs”
        Tioday Pltff No- 1 is present” He is not ready to fiie evidence, Hence suit stands dismissed in default.

        Our Lawyer One Mr Godbole from Chembur then sent a letter to the landlord who refused to tranfer the receipt in my dads name as he said the order isw not stating that. Later our Lawyer refused to help us and told us to take away all the papers from him.

        In between we had filed a suit agianst amarjeet singh (dad sbrother) in the city civil Court. Our current Lawyer charanbir Anand is not helping us as well and taking advantage of my dads age. It has been 4 years now and we are still awaiting an order to evict our Dads brother. Please help as we are fed up with the Lawyers as everyone tells something different. Your guidance is highly appreciated.

        I will submit all the details if required.


      • eleena100 says:

        Pl. contact Sandeep Jalan.

    • eleena100 says:

      Have you obtained probate of the will?
      Binoy Gupta

  109. Prakash says:

    Hi Eleena,

    I live in a society which is 40 years old. Its in a bad shape as the maintenance is not done properly. Beams and pillars are cracking. Almost everyone in the society is ready to redevelop the building but only a few members are opposing. A redevelopment committee was formed more than a year however until now there is progress, they say its stuck because of DP 2034. There is no clarity in the functioning of the society as to how the funds are being utilized. NOw the plaster of ceiling ha fallen off. Thank god no one was hurt. Also all the window frames made of marble have cracked from the middle. The committee turns a deaf ear to all our complaints and refuse to take any accountability. What can be done in this situation??


    • eleena100 says:

      The new DP has almost halted the submission of plans for new constructions in Mumbai.
      Because no one knows what shape it will finally take.
      So it will be difficult for you to find developers at this stage.
      I suppose you will have to wait for another six months or so…..till then manage things to the best of your ability.

  110. Simpal Ranka says:

    Sir, last year I bought a top floor flat in a co-op. scty at s.v.road, vile parle west in my wife’s name with the stilt parking in resale, when we shifted I noticed there is a flower bed in front of my car parking & due to that i cannot park my car to my parking also on turning to enter to my parking they allotted two car parking on top of water tank illegally to other committee members (one is allotted to the treasurer of the scty) by taking handsome amount, because of these illegal parking’s i am facing very much difficulties, Mental Stress, Harassment & it will take me for almost 5-10 minute daily to pass through this kind of hindrances. when I raise my objections to the managing committee for this but they became deaf & never reply. My repeated attempt to contact them or talk to them could not succeed because our scty office is closed all the time, nowhere shown on notice board opening time of the office & they open only on their discretion.

    They are saying you take prior appointment before come to the MC but they are not facing us also nowhere written in society for office timing. instead of solving this issue they started to harass us. they put lot of hindrance in front of my car & when I remove them, then they falsely alleged me for damage the society property & impose a fine of Rs.5000/- on me. when I strongly object for this & ask them for how can u impose this kind of fine but they are adamant. when i ask them the details of the damaged property but they ignored & said it is unanimously decision taken by the MC. MC members are very arrogant not listening & do the things at their own. we are also facing serious problem for cleanliness as our premises is very dirty, the gutters are over flown all the time but they kept mum on all this issue.

    we exchanged lot of correspondences with the scty asking to provide Minutes of AGM, SGM, Minutes of managing committee meetings, authentic Plan of the building, Committee Members list & tenure. The Adopted bye laws of the society duly registered in registrar office. they refuse to provide us all the relevant details.

    I wanted to know is this permissible in law to park the cars on top of water tanks ?
    water tank on ground level & all the rain water & gutter water is mix with that. it is allowed to keep water tank on ground level ?

    pls suggest what I do ? we are new in this society & we don’t have much communication to other members.

    Pls guide us what we do ? should we file police complaint ? or file a criminal case against them in court of law ? or what kind of action we can take ? suggest me a good lawyer for this

  111. santosh bhume says:

    we have purchased a flat in 2003 on my mother name today she is 64year old and my father is 76years old in our society there are 10 apartment and 12 row houses of 109 members. Unfortunately many member have rented or out which never look in the society matters or meeting.
    in our building some criminal minded person were damaging vehicles and water tank on terrace were attacking us as there family is having 3 flat 2 are purchased and 1 is on rent .
    one lady from same building were taking pvt. class so by shoes and chap pals disturbance there was contradiction. she was supporting this people.
    society president was against us as my father was opposing her in written about corruption and sct office which was in the drawing of sanctioned layout purchased by her through builder .
    so they targeted us by making president to one of the 3 member of family member (A & B are brother C is sister) D is the tuition taking person who become secretay without taking election in 2014. the president B is flat owner but stay on rented flat while A is staying in B flat but all the activities and meeting are attended and conducted on A leadership B is only having signing authority.
    on 28 sep 2014 they illegaly passed a resolution against us to remove cctv camera installed by us as there criminal activity were captured by us by misguiding other member by saying we are misusing it against ladies and as member of society signed on present book this was use as confidence vote.
    we challenge repeatedly towards DDR office since 2013 but DDR passed order to go in court for justice after 2 years.there were several complaint made by us with proof but DDR office is refusing by orally submitting they are not having power.
    So How i can get cancelled this resolution passed by illegal director body.
    second how can we control the criminal activity of such member as already we have filed civil and criminal cases against them matter is pending in court.

  112. Rita agrawal says:

    Rita Agrawal,
    Resident of Modern Vandana CHS,
    The condition of our society is really getting worse day by day (slabs are falling every alternate days)… we expect our chairperson and treasurer to take some decision for the betterment of the society but they seem to be least bother about the current situation. what shall we do?
    Thankyou. :)

    • Binoy Gupta says:

      There are provisions for structural audit of old buildings. Pl. go through these provisions and ask your MC to get it done.
      If they don’t want to do this, file a Complaint in the Consumer Forum.

  113. Varun says:

    You have to file RTI by which you will get all the details of your complaint status . It is a easy way to make your process fast.You will get complaint related documents as soon by this.You have no need to go anywhere.You can file RTI via this portal online.
    So just goto this website and Apply RTI.They will surely help you to resolve matter.

  114. Purushottam mane says:


    In our society,members are refusing to stay muslim family, even if they are professional, society not given the permission to sell flat any muslim customer, this is under the rights which society have , that i want to know can we register a complaint against society? & where i can get help from government.? I am hindu but i dont like this thing happened from my religion. Can any1 suggest me what to do?


      Hello Purushottam I think its solely your society & Committee members wish if they want to allow Muslims in the society, I am sure lot of other residents do prefer not having a Muslim tenant or flat owner & hence they have this rule, Being a Hindu you should support your society.

    • eleena100 says:

      The aggrieved person can and should file a complaint with the Consumer Forum

  115. Gaur Satyanarayan says:

    In my society in January 2013 legal election was carried out by Administrator & he left-out by declaring 5 members committee. In may -13 secretary resigned from the managing committee .In April -13 as per instructions we adopted the New Bye -laws as well. New election procedures also became effective from Feb.13.As per New Election circular for conducting election or for filling the vacancies Committee must inform the said vacancies to Election authority & seek permission.My question is :-
    1 ) Till elected body was functioning  in the shape of original constituted way…the formation of 5 members m/c could have been termed as legal.But once the vacancy is created than having adopted amendment -97 Bye laws is it not mandatory to fill vacancies as per new Bye laws i.e. minimum of 11 members.

    2 ) What if committee co opt only one member in committee without informing the commission ? Will this committee stands illegal or bad in law ?

  116. Mahendra bhavsar says:

    My mother was expired 2& half year ago & I have varsai nama or will in this circumchances I wants to admit my name in society so in this case I have to pay transfer fee to SOC.?

  117. Sachin Haldankar says:

    My flat was in Nallasopara west. I sold my flat but I want file complaint against secretary & other committee members. They doing caste discrimination & also earn commission without having real estate licenses. I have some evidence against them. They have been doing illegal activity like caste discrimination, earn commission.

    Please can you suggest I file complaint to Vasai registrar or consumer forum?

  118. Ayan Bargi says:

    we have applied to the registrar of society office for conducting the election procedure in the month of april, 2015 before completion of five years tenure since maximum managing committee members resigned including chairman secretary and treasurer. As of today we have not received any election date but yesterday members elected a new managing committee. Is it a valid committee?Can registrar take any action against our society?

  119. tanveer says:

    respected sir
    iam resident of janam C.H.S opp western express highway .jogeshwari east mumbai 60.our building gone under redevelopment in 2009 from then our society chairman.secretary..treasure not took any meeting they neither have any minutes recorded..our chairman went to his village he dont come at building and not showing any b.m.c approved plan from builder and they dont convey any information regarding development to the members of society.if we asked secretary he also ignore our query and our building still not completed..if we ask them about election bcos their 5 year tenure is getting over on this they are not ready…pls sir guide me where to give complaint about them need help and guidance.pls provide me the address so that i can give written complaint.
    thanking u

    • eleena100 says:

      This is a serious matter. You should consult a good lawyer. Are you still living in the flat or you have vacated it…? I suggest a few of you should join together………and take necessary action.

  120. Abhishek Rane says:

    I stay in kandivali chs from last 9 years.In 9 years AGM has happened just once when I come.from last 8 year there is no AGM happened.The secretary and president is not giving the account details or balance sheet of society. When we told to resolve new committee they are not ready.There are lot of issues in our society but this people are ignoring the society members. Someone please give me solution to remove them from there post.

  121. Ajay Gala says:

    i stay at nalasopara. one of our member leaving at ground floor want to purchase society office adjucent to his flat. but i raise objection. so secretary of our society conducted meeting and prove their majority. is it legal to sell society property to any one member as we all member hold same rights to socety property. what can i do to challenge this.

    • eleena100 says:

      The Society office belongs to the Society and is for the Society’s use. It can not be sold to one member……….
      You can challenge this decision in the Consumer Forum.

  122. Biju says:


    A Managing Committee member sold his flat and purchased another one in the same Society. Managing Committee has approved transfer of ssale and purchase, transfer of membership in new flat.
    1. Can this office bearer (Scretary) MC member contginue in the Managing Committee and occupy the post of Secretary after getting the membership in new flat?
    What is the correct procedure in this case?

    2. Can all the transfers happened before AGM can be rattified in current AGM?
    If a sale and membership transfer happened after 31st March 2015, can this tranfer rattified in the AGM on Sep2015? Or need to wait till 2016 AGM?

  123. Niraj says:

    Our builder has refused to form Co-operative housing society but he is willing to form Association. Almost 75% flats have been sold out and more than 60% flat owners have occupied their flats at Nirmal Nagari, Nagpur. We all have paid one time maintenance charges towards builder.
    The quality of maintenance (i.e. security, cleanliness etc) maintained by Builder is very poor and promised additional facilities like power Backup, Club, Gym etc. have not been provided yet and probably in future it will be not provided by the builder. Quality of Tar Road is not up to standard. Hence residents of Niraml Nagari approached to Builder to form a Co-operative housing society as per Maharashtra Housing Regulatory Act 2014, but builder refused the request of residents and advised to form Association of residents of Nirmal Nagari. It is clear that the association will work under the builder and hence will have no powers to work independently. As such residents are not willing to form association.
    Please guide us as to where we have to approach for setting up our own co-operative housing society and recover one time maintenance charges paid to the builder, since at present office of Maharashtra Housing Regulatory Authority is not available in Nagpur.

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