Election Rules for Co-op Societies in Maharashtra

Please refer attached eight files related to general election in a co-operative housing society:

1_-_ELECTION_RULES

2_-_ELECTION_PROGRAMME

3_-_ELECTION_IN_CHS

4_-_ELECTION_-_MC_AND_STRENGTH

5_-_ELECTION_-_DEFAULTER_more_than_2_children

6_-_ELECTION_-_Less_than_2_years

7_-_ELECTION_-_RESERVATION_OF_SEAT_FOR_WOMEN

8_-_ELECTION_-_RETURNING_OFFICER_BY_DR_-_19.01.1999

 

Courtesy :

J.B.Patel (Jeby)
Housing Society Activist

 

 

How to avail of Consumer Protection


The Procedure to seek Consumer Protection

-Puneet Chaturvedi, Advocate

The Consumer Protection Act provides for the Central Consumer Protection Council, State Consumer Protection Council and three tiers of the Consumer Redressal Authorities i.e. District Consumer Forum, State Consumer Commission and the National Consumer Commission  were established to provide speedy and simple remedy to consumer disputes through a quasi-judicial machinery.

Click Here for the full article

Is Your Pill Fake ?

If you need to check whether the pills you are taking are genuine or not, PharmaSecure is the answer. The company is determined to fight drug counterfeiting, especially in developing countries.

PharmaSecure is a global innovator in drug authentication technologies and software, creating effective solutions to ensure consumers receive authentic medications from trusted pharmaceutical manufacturers in emerging markets.   Founded in 2007, PharmaSecure is a fast-growing company offering services in the United States, Europe, India, Africa, and Southeast Asia.

PharmaSecure’s core products and solutions include:

  • Integrated Serialization Systems – PharmaSecure provides a complete suite of serialization and hardware integration services to print unique codes directly onto the drug packages for regulatory or authentication purposes.
  • Mobile Authentication –  The global leader in SMS authentication, PharmaSecure allows consumers to authenticate medicines by mobile phone. Click Here for the Android App
  • Customized market data- PharmaSecure “turns the lights on” in emerging markets through realtime and historical visualizations of consumer needs and opportunities to address these needs.
  • Customized intuitive software and hardware solutions – PharmaSecure’s user-driven solutions support marketing decisions and secure supply chain.

Why

The pharmaceutical industry has experienced phenomenal growth in emerging markets.  Likewise, the associated counterfeit drug industry continues to grow, capturing about $75 billion of the global drug market and killing or harming many consumers. It is a global problem with heavy consequence to people of limited resources in emerging markets. By addressing this problem by facilitating a link between consumers and manufacturers, PharmaSecure’s approach creates immense value for consumers and manufacturers.

Click Here for their website and Click Here for the Android App. If you wish to verify your medicine online – Click Here

Road Accidents – Know your rights

 

Road accident victims may lose their lives or end up disabled. While physical abilities are irreplaceable, financial compensation would alleviate the victims’ problems.  Raj Pradhan reveals the many details of how such financial compensation can be obtained and also the best-kept secret of accidents involving drunk drivers.

Considering such low premiums for unlimited liability cover, it is inexplicable that 5% of vehicles on the road do not have valid insurance. This goof-up is more for two-wheelers than cars—even more baffling, considering that the TP premium is a pittance for two-wheelers. A two-wheeler can cause as much damage as cars; there is no justification for not buying the mandatory TP liability insurance. There is no grace period after the insurance term gets over and you lose the no-claims-bonus (NCB) if you fail to renew before policy expiration.

The TP liability cover, which is mandatory in India, does not provide any benefit to the insured; however, it covers the insured’s legal liability for death/disability of third party loss or damage to third party property. MACT is a tribunal in which the cases related to road accidents are decided and appropriate compensation is given to the victims or their next of kin. MACT courts are presided over by civil judges from the state higher judicial service and come under direct supervision of the High Courts.

It may be hard to believe, but one can get compensated by the insurance company for accidents occurring from drunk driving. According to Avadhoot Mavlankar, principal officer, Shinrai Insurance Broking, “Motor Vehicle Act, 1988 in India is considered a strict law by the insurance companies. Insurance is a contract between the insurer and the insured. There is no privity of contract between the insurer and a third party who suffered in an accident. The law gives the insurance company a limited right to defend against a third party. Even if the car driver is drunk, and at fault in an accident, MACT will give compensation to the third party, and it will have to be paid by the insurance company. In 99% of cases, the insurer will not be able to recover the money from the insured.”

Click Here for the full detailed story.

 

Useful Government Website links

How to prepare and submit a Complaint to a Consumer Forum

Source Courtesy: An Indian Bureaucrat’s Dairy (Binoy Gupta)

Consumer Court

How to prepare and submit a Complaint to a Consumer Forum

Of late, I have appeared before the Consumer Forums in Mumbai on behalf of several consumers.
The procedure is simple, and the decision quite fast.

I have received a few requests to detail the procedure for filing a Complaint.

I am summarizing the procedure: But you can file a complaint before a Consumer Forum, only if you are a consumer.
You cannot not file a Complaint, if the transaction is business related. Continue reading How to prepare and submit a Complaint to a Consumer Forum

Redressal of complaints in Co-operative Housing Society

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

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

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

XVIII. REDRESSAL OF COMPLAINTS:

Maharashtra Co-operative Societies Bye Laws:

173. Complaint application to be submitted to the society

175.

(A) Complaints to be made to the Registrar

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

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

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

(E) Complaints to be made to the Police

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

(G) Complaints to be made to the Federation

 

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

 

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

 

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

 

(A) ASST. REGISTRAR / DEPUTY REGISTRAR:

 

Matters pertaining to following issues:-

a) Registration of Society on Misrepresentation,

b) Non-issuance of the Share Certificates,

c) Refusal of Membership,

d) Non registration of Nomination by the society,

e) Non Occupancy charges,

f) Demand of excess premium for transfers,

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

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

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

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

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

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

m) Defaulter/Disqualified member on t he committee,

n) Investment of Funds without prior permission,

o) Reconciliation of Accounts,

p) Audit,

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

r) Rejection of Nomination,

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

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

u) Resignation by the Committee,

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

 

(B) CO-OPERATIVE COURT:

 

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

a) Resolutions of the Managing Committee and General Body.

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

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

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

d) Parking,

e) Allotment of Flats/Plots,

f) Escalation of construction cost,

g) Appointment of Developer/ Contractor, Architect,

h) Unequal water-supply,

i) Excess recovery of dues from the members,

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

 

(C) CIVIL COURT:

 

Disputes pertaining to: – Complaints to be

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

b) Substandard Constructions,

c) Conveyance,

d) Escalation of construction cost,

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

 

(D) CORPORATION / LOCAL AUTHORITY:

 

Matters pertaining to:-

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

b) Inadequate Water supply to the society,

c) Change of use by the members/occupants.

d) Building’s structural problems.

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

 

(E) POLICE:

 

Matters pertaining to:-

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

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

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

 

(F) GENERAL BODY:

 

Matters pertaining to:-

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

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

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

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

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

f) Appointment of Architect,

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

 

(G) FEDERATION:

 

Matters pertaining to:-

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

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

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

d) All other like matters.

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

Four golden rules for writing effective RTI Applications

 

*Four golden rules for writing effective RTI Applications*

Dear fellow Activists,

We often sit down to draft an RTI application in an angry and unrealistic mood. When we write RTI applications, our focus should be on getting information. Instead, we are thinking about stopping some wrongdoings, getting some officials and corrupt contractors penalized, making the authorities “answerable” for negligence etc, etc. At such times, we fail to think clearly about the items of information that we need.

Right to Information Act 2005 is a law, and effectiveness in legal work depends on using the law without anger, resentment and wishful thinking.

While asking for information, the 4 golden rules are:

1. Point to various specific documents. Your application should look like a shopping-list of documents.

2. Name documents using words from Sec 2(f) and Sec 4(1)(b) of the RTI Act – reports, logbooks, emails, advices, rules, regulations, manuals etc. Only after exhausting these should you use other similar names e.g. quality audit reports, correspondence etc. In case this information is denied, the similarity of wordings will help you to convince appellate authorities that your requested information is “records” and “information” that must be mandatorily given.

3. Don’t ask questions, don’t demand explanations, and don’t make allegations.
Don’t make your application sound like a letter of complaint or a letter-to-the-editor. Don’t preface it with a covering letter or an introductory paragraph. RTI applications should be emotionless and bland.

4. Avoid vague expressions and requests such as

  • What is the status of my complaint?
    What further action has been taken on my complaint/letter?
    Give me action-taken report.
    Words like “status” and “action” are open to interpretation, and usually fail to point towards any particular document; they can mean different things to different persons like applicant, PIO, APIO and appellate authorities. In most cases, there is no such document called “action-taken report” in existence, and therefore, the PIO cannot be rightly asked under RTI to generate such a document in reply to your application; PIO can only be asked to give you copy of a document that exists. The right way is to ask for signed and stamped copy of all correspondence till date in the matter of your complaint, including memos, emails, covering letters for forwarding your complaint etc. Ask for copy of logbook or any other book where details of your complaint are entered, marked to specific officers for their investigation and action. Ask for a copy of all their remarks, feedback, reports etc. If the case on your complaint is closed, ask for the closing remarks of the officer concerned.
  • Give particulars of the project to build XYZ.
    What “particulars” do you want? Engineering drawings? Budgets? Financial projections? Feasibility reports? Consultants’ studies? This is not clear. Don’t leave it to the PIO to decide what documents to include and what to leave out. Be specific and name the documents that you want copied. Make it difficult for the PIO to loosely interpret your request.

Prepared by
Shri Sailesh Gandhi
Central Information Commissioner

(Circulated in the interest of the public giving them tips to frame good questions while submitting RTI Applications to get the information)