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More and more old and dilapidated buildings are going in for redevelopment. The builder makes money by selling flats to new purchasers, but considers it onerous to provide accommodation to the existing tenants without charging money . Since free services are excluded from the purview of the Consumer Protection Act, would the tenants be entitled to file a consumer complaint for deficiency in service against a builder?
The national commission allowed Jagdishbhai’s case, holding that he was a consumer, entitled to file a complaint against the builder for deficiency in service.
Jehangir B Gai
Click Here for full details of the case
Enclosed herewith are the latest Model Bye-Laws for Co-operative Housing Societies under the Maharashtra State Co-operative Societies Act, duly amended (upload date 8/10/2014 (version dt. 2-9-2014))
For Bye-Laws of other types of Co-operative Societies in Maharashtra Click Here
This article deals with certain naked and stunning facts about the Economic and Fiscal Mismanagement in many Housing Societies about the wilful suppression of various financial affairs which are never brought by any of the Office Bearers to the knowledge of the innocent and gullible Members of the Society.
To recourse such fraudulent management of Society’s fund, once the audit is done the Members can appoint outside chartered accountant to scrutinize the Audited Accounts if they feel that there is any misappropriation. To prevent frauds, Members should meet Office Bearers at least once a month for informal discussions on Society matters.
The Section 83 of MCS Act stipulates that the financial loss incurred by the Society on account of fraudulent acts of the Office Bearers is recoverable and punishable offence. The Members can complaint to Dy. Registrar of Co-op. Dept. under Section 83 for investigation and recovery of losses caused to the Society. To complain under Section 83, 1/3rd of the Members signature is required as per the Act on the complaint letter.
Thus, if one third of the Members of a Society make request to the Dy. Registrar to hold an inquiry regarding its financial mismanagement, the Officer or his Nominee is duty bound to conduct such an inquiry. The Dy. Registrar may direct the complainants to deposit a sum of nominal amount with him and this amount can be forfeited if the allegations made against the Office Bearers turns out to be malicious.
Click Here for the full detailed article by Dilip Shah
Sub-Section 4 of Section 166 inserted by the Maharashtra Cooperative Societies (Amendment) Act 2013:
“(4) Notwithstanding anything contained in this Act, as amended by the Maharashtra Co-operative Societies (Amendment) Act, 2013, but subject to the provisions of sub-section (15) of section 73CB, the committees of which the elections become due after the 31st March 2013, shall continue till the elections to such societies are held under the provisions of this Act as amended by the said Act.
Hopefully new State Government will attend the above unfinished agenda expeditiously i.e. before March 31 2015 so new cooperative year has a new Committee.
Click Here for the detailed, explanatory article from Indian Co-operative
This piece from Jeby Patel may also help – CURRENT LEGAL SCENARIO FOR ELECTION IN CO-OPERATIVE SOCIETIES AS PER 97TH CONSTITUTIONAL AMENDMENT ACT – ACC
Scheduled time limit of 30.09.2014 for AGM is over for ALL the Co-operative Housing Societies in Maharashtra.