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
Consumer Resources 
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 and read a bike lock guide on Chooserly so I could get the best lock. Recently when I parked my bicycle the secretary objected to that too. She maintained that there is parking problem and you need to take permission from members who park their vehicle . I was informed that society will not do anything about illegal parking (2 cars).
The bigger picture came out while discussing with other members was that which was shocking to me that since there is no rule nor transparency with regard to parking, All the assurances given to me at the time of purchases will be overruled by managing committee ,these members who park their vehicle (have become owners of the parking space) will sell their parking space to the members who purchase their flats and we will never get parking space ever. My Question is maintenance is charged equally to all members on what basis, these people who take benefit of free parking year after year, claiming to be owners of parking space will not pay anything. Few members have kept quite as they get free parking benefit (total 5), 2 members have given their premises on Rent so they never attend annual meeting, 3 members are senior citizen (ladies and single) who do not own the cars and do not understand much though they know about this injustice.
I want to fight on behalf of all as I feel that the managing committee is cheating all the other new members who do not have parking space ,will not be able to sell their flats as new purchaser investing huge amount will demand parking space but maintenance will have to be paid equally.
Few members will exploit all other members, few members will support wrongdoing for their self interest ( Free parking charges – 5),. Where is democracy and transparency, I feel the whole committee is responsible for this lapses and should be penalizing individually as the support unlawful acts and instruction issued to them that injustice done to new members should be stopped, Charge parking fees to all vehicle ( whether legal or illegal) from the day they have been parking vehicles as this is not food for the society financially.
Please guide us and support us with your views which will encourage us to fight till end. Let God grace our members and give them some sense to stop this nonsense.
Regards
Vinod Ahuja
I understand your problem but I do not have any suggestion to make. I also have a problem. I wrote to the Registrar, I am directed to the federation. Federation don’t do anything effective, they run their own law shop/business. Nobody is there to turn to. Authorities work as the agent of the corrupt, but maintain the facade of gentlemen/caretaker.
dalim.
If you really fight this issue of car parking, you should approach the Consumer Forum, Bandra.
The law on this issue is clear and you will get relief.
You can contact me if you like.
Binoy Gupta
eleena100@hotmail.com
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.
if clearly written in agreement nobody can deny you of parking and if not mention in allotment nor in agreement then that person is not eligible to park . Accordingly this can be taken to the court or registrar.with proof’s.
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
Hi,
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,
Thanks
SD
HELLO SIR I AM JAIPRAKASH GS I AM ALSO FACING THE SIMILAR PROBLEM. HERE SOCIETY COMMITTEE MEMBERS ALLOT PLACES OF PARKING AT THEIR OWN SWEET WILL. I WOULD LIKE TO GET INFORMATION OF ALL VEHICLES PARKED IN SOCIETY WHETHER ILLEGALLY OR LEGALLY. IF ALLOTMENT IS GIVEN FOR THE PARTICULAR SLOT ETC. MY MOB IS 9867291007. HOW DO I SEEK YOUR ADVICE. PL CONTACT ME IF POSSIBLE. THANKS
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 jai22_d@yahoo.com
Regards,
JD
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.
Hello,
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.
Regards
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.
Regards,
Jai
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.
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
regards,
JD
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.
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.
regards
Can you address your queries to me direct on my email.
eleena100@hotmail.com
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.
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.
Questions:
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?
Thanks.
Sanjay T
Please call me on 9930078007. Would like to take up the story for Mid Day.
Car Parking, or rather shortage of car parking spaces, and their proper allocation is a common problem in many housing societies.
This is not linked to maintenance charges which are fixed separately.
Of course, you can suggest that more parking charges should be levied, but it is for the MC or AGM to take the final call.
You can go through the Model Bye Laws and see how car parking spaces should be allotted in such cases as yours.
If you want car parking spaces to be allotted in that manner, file a complaint in the Bandra Consumer Forum.
No newspaper will publish your problem…..this is a very old problem.
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.
Sir, Can you please get me the copy of this judgement to my mail id ksvishy@rediffmail.com. I would be thankful. I a Viswanathan Iyer, living in Rail Vihar society, Chinchwad, Pune-33. I also read that bye- law No 45 specifically says that to mortgage your rights in your flat to any bank or any financial institution, NOC from society is not required. Please think.
Thanks
Resorted sir, Anmol pride a new society a general body meeting was called by chief promoter there was no advance preparation of ballot paper voteing but the president of meeting helping a group call out for ballot paper voteing at 10 .30 to 11.30. About 20 member boycotted the meeting after giving a letter to the president. We had already complaint to the registrar on 19 /12/12 but no action habe been taken till today.now they r taking financial decision that can harm
the socurry. What to do.
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.
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.
If a society viz.JANVIKAS chs is formed without any agreement vide no.14714 of p ward/n and tampered with date of allotment.
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.
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
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
Dear Sirs
Regarding: Threatening/fighting with Managing Committee / Neighbors and society Members
Sorry to inform you that Mrs. Geeta Nandan Prasad and her Son Mr Vivek Nandan Prasad staying in” A” 402 Om Shanti Co Operative housing Society Ltd, Shanti Complex , Raj Shivaji Nagar , Tunga Village , Saki Vihar Road , Mumbai 400 072 always Threatening/fighting with Managing Committee / Neighbors and society Members even they are a defaulter last Many years
Can check their record in Powai police station as many complaints also will be there since fighting in the Family also
Society still providing essential service even Approximate 5.70 Lacs out standing as per the society records and society requested them to sort out their dues but they don’t want to do so ? For the same reason may be fighting?
Mrs. Geeta Nandan Prasad and her Son Mr Vivek Nandan Prasad Visiting / going to Managing committee members residence all the time and Threatening/fighting with bad words and stating they are Political worker of BJP If they are really a social worker why became defaulters many years.? And why spoiling Image of the party.
Request you please look in to the matter and let society work smoothly and members can stay calm and quite and stay peace it is an a request.
If any other details if you need please let us know will be provide on request
Thanks
Managing Committee
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.
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
as per fire safety regulations terraces are not to be locked
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.
Can you be more specific about the problems you have in mind?
Binoy Gupta
eleena100@hotmail.com
Binoy,
I dont have any specific problems but it seems a majority of people do commenting on this site. I am a professional body corporate manager here in Australia, and I deal with everything and more that you have listed. See Australia was one of the first countries in the 1960’s to adopt this type of approach in management.
The courts and tribunals were clogged with complaints and outsourcing to an independent manager was deemed the most professional way. Plus it allowed owner to enjoy the peace and quite of thier units not to be involved in internal matters.
I would be interested in start up in India and train other professionals in this field.
My website is http://www.bodycorpnt.com.au if you are interested.
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
Hello. My name is Jaiprakash G Shahdadpuri. I too am facing similar problems in our society. My Mob No is 9867291007 and contact e-mail jgspuri@gmail.com. If you can share your details so that isssues can be discussed in broader way. Thanks
Dear Mr Gupta,
have sent you a personal e-mail explaining what I do here in Australia, I look forward to your insight into issue relating to the management of Co-Operative Housing Societies.
I am also a member of the SCA http://www.stratacommunity.org.au/ a large organisation for all practitioners and a fine place to network.
Many thanks
Doug Purcell
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
Dear Mr. Narvekar
How was the issue resolved. Did the garage owner pay the charges?
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.
awaiting some feedback
Same thing happen with me… Could u please advice what should I do?
Respected,
Sir.
I am Tamoghneswar Das, I live in kalla central hospital (asansol), district burdwan, west Bengal. I am working in a private organization. My wife name is Dipanwita Das, she is a school teacher. We have one daughter ,age is 1 year 8 month.
Sir, 5 or 6 month ago My wife feel her stomach pain. Gallbladder stone is detected by USG after few days. Then we went to Dr. B Das (m.s) ( doctor of kalla central hospital ) for treatment. My wife was admitted on 4/6/2013 in kalla hospital for operation under Dr. B das (m.s) and operation has been done on next day(5/6/2013). The operation was laparoscopic surgery, after operation bile was come out through a pipe, but amount of bile increasing day by day ( start with 25 ml and after few days it’s increasing up to 500 ml ). But after operation Dr.B Das did not come for check up the patient condition , but in place ofDR B Das, Dr. P. K Sahoo (Head of the surgical department ) was visiting every days to check up the patient condition, as per Dr.P k Sahoo suggestion that the extra flow of bile will be stop after few day’s if taken proper food and maintain walking.
We are confused to see that every time Dr.P K Sahoo was visiting in place of Dr. B Das.yet the patient was under treatment of Dr.B Das. After our enquiry, we could know that actually operation has been done by Dr.P K Sahoo to show his DEPARTMENT HEAD power. Both of Dr. Did not inform us about this matter. So my question is………
1. Why has the operation been done by Dr. Sahoo without our permeation or any kind of information??????
2. Why did Dr. Das not inform us that he did not do the operation yet the patient was his supervision?????????
After 10 to 12 days , we change the hospital kalla hospital to west bank hospital (andul Kolkata), kolkata for not stop the flow of bile yet Dr.P K Sahoo is assuring to us that problem (flow of bile) will be stop within some days but we forcefully change the hospital.
In west bank hospital, Kolkata the patient was admitted under Dr. Dilip Todi. After check up by Dr.D Todi, he said that the flow of bile can be stop by the ERCP operation, but after ERCP on 20/6/2013, Dr. Todi said that ERCP surgery did not successfully complete because the bile duct is divided two parts when laparoscopic surgery was held. So only the solution is major open surgery for solve this problem. And he referred to Dr. Arindam Dasgupta (Dr. Of west bank hospital, surgery department ) for open surgery.
The major surgery on 25/6/2013 has been done by Dr.A Dasgupta and the surgery was start at 12.30 pm and complete 7.15 pm. After completion the surgery the Dr. Dasgupta Said that problem is solved.
But due to number of surgery on same body the patient is to weak and face several problem like during walking, taking food, laying etc. So that Dr. Suggest that to take rest up to 3 months.
So, we have disappointed and mentally injured for this case and lot of suffer many kind of problem like money, time etc.
Now the patient is mentally and physically weak and also suffering the lot problem like how do continue her job ( school ) ,take care of baby, and also other problem in her personal life.
So, We are requesting that please take a step against this case and give us proper justice about this case.
Thank you,
Yours faithfully
Tamoghneswar Das
Asansol,kalla central hospital
Kalla purba para
p.o- kalla central hospital
dist- burdwan / pin- 713340
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?
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
sorry forgot to mention that the car park was allotted to me and i have paid for it as well.
Sir,
I am the legal heir of a flat in Thane. As per the nomination form submmited by my father the flat was transferred to my name. When I approached for a NOC to the socetiy I was informed that the. Flat is wrongly transferred to my name. I again submitted all documents required but till date the soceity does not respond to my application for the transfer of the flat.
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?
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.
I presume your father is not alive……
Then how can the bills still be in your fathers name?
Write to the Society pointing this out and ask them to issue bills in your name.
Binoy Gupta
eleena100@hotmail.com
Sir,
I want to ask which court in mumbai should i go to appeal regarding my share in my mothers flat at jogeshwari mumbai
Dear Anju
Your question is much too vague.
Pl. give some more details, then only some one will be able to advise you.
Binoy Gupta
eleena100@hotmail.com
Can you please guide me where I need to write/ complaint on my building secretary/chairman
1. My top up loan is approved and the bank is asking me to submit NOC & copy of society registration certificate. I have sent several mail communications to the secretary. But he is least bothered to understand the importance of his own society member.
Plz suggest.
Ranjit Shetty
Dombivili,East
Dear All,
I have a query.. I have a flat in navi Mumbai, the co – operative housing society which is formed by the residents of the society keep on making certain rules, although some are agreed upon and some are not but they keep on saying that majority of people who attended the meeting have agreed upon the rules so its passed.
So I just wanna know if a rule is passed and if you being the only one who doesn’t agree upon still the rule is passed and you cannot do anything for it.
They made a rule that tenants cannot park there vehicles inside premises.. excellent so which family who owns a damn car is gonna take my place on rent if they cannot park the vehicle inside the premises. 2. The rule is passed that no bachelors would be given the place on rent.. They are working professionals and I am ready to provide there NOC from the police station and thank fully they don’t have a vehicle but I cannot give my place on rent since the rule says so.
In short am I being screwed because I own a flat and m not living in it and paying my duys and taxes and whatever shitt maintainance charges which they keep on increasing iquietly pay. They say they are renovationg the building I don’t want to but still I have to pay money why because a rule is paased in the society…
Is there anything that I can do. In this market I am hardly getting any new tenant for my vacant flat for the past 20 days coz family wouldn’t take it and bachelors my society wont let them have it.
PLEASE HELP and SUGGEST…..
negiyogesh81@gmail.com / 09978911209
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.
File a complaint in the Consumer Forum.
Binoy Gupta
eleena100@hotmail.com
Thank you Binoy. How can I go ahead with a complaint in consumer Forum and I had the understanding that the consumer forum would handles issues w.r.t to goods purchased? Forgive my ignorace it its wrong.
Where are you located…where is the society, and.where does the seller live?
Binoy Gupta
Me, Seller, Society — All located in Pune.
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?
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.
Dear Sir,
My issue with the society is
1. Society not submitting the annual accounts since last 7/8 years, earlier i had given the maint bill with protest letter, but since last 2 yrs there is only oral assurity but no compliance. As a member, i am in total dark as what society is doing with money & what is the financial status of the society, besides submission of annual accounts is one of the major responsibility of the MC. In frustration since last one yr i had not paid the maint bill. PL ADVICE APPROPRIATE COURSE OF ACTION THAT I CAN TAKE, i do not wish to default on maint pmt.
2. I have rented my flat, my normal monthly maint chgs is Rs.650/-, now from Apr.2013 it hads been raised to Rs.1000/- pm Is it as per rule/bye-law. If not, WHAT SHOULD BE MY COURSE OF ACTION.
KINDLY ADVICE.
S S GUPTA
shivam987@gmail.com
Hi, Good day
Self and my parents are staying in Kurla East Mumbai at Ground Floor in Co-operative housing society from 2009 which has re-developed under MHADA redevelopment.
Now since from last five years, no individual member has performed their family function /occasion at Ground floor in building compound.
We got to know that one of the individual member is insisting to perform their family ceremony at ground floor in building compound.
We being staying at ground floor has the objection since it will create a problem to us by creating disturbance in our privacy by way of noise, presence of outsiders and it will be a long run issue which will keep on going with other 28 members. We do not want to communicate with each and every member of society on this issue. We are requesting the Committee to solve this issue permanently and maintain the rules.
If it is allowed to perform to one society member then it is applicable to all other 28 members for which we had put a request to Chairman of our society that do no allow them to perform their ceremony at Ground floor. We have other option of Terrace which you can advice them.
Also would like to inform that our flat is situated at ground floor in such a way that is not constructed in a corner. It is located in middle and all the four side are visible and one wall of every room is in form of Windows. We do not want anyone to put the Mandap outside our windows. Our intention is to maintain a proper discipline by keeping hygiene and clean environment in the Society compound
My mother is a diabetic/ thyroid / hypertension and urtacaria patient. Since when we had put a request to Chairman he has not taken any action immediately and did not acknowledged our application letter with society stamp. I had sent the application letter for 3 times by Registry.
Till date, he has not acknowledged the application letter copy with society stamp and returned to us. Hence i had lodged a complaint to Police station against Chairman for non-cooperation.
Now this issue will be discussed in Special AGM since we are firm on our stand that any individual member’s function should not be performed at Ground floor on the basis of cleanliness , limited space and on my mother’s medical grounds.
We need your kind cooperation in form us guidelines to present our side to Society committee and get the success.
Every time the committee and society member dominates us being we staying at Ground Floor.
Please let us know the rules as per Bye laws on which we can educate them and stop their nuisance by sending childrens in the afternoon to play and shout and making noise for which my mother cannot sleep in the afternoon after taking medication like oral insulin. No proper timings, carpentry work.
This all has impacted her health and therefore we all the mental stress for such small issues and non- coperation from Committee on our issues.
We look forward for your kind support. Appreciate your reply on my email id –
mitali@uniworld-logistics.com / 9819 399 621
shall be obliged.
Thanks & Regards,
Hi,
My Father was named as treasurer of the society in year 2008. we have completed the accounts and submitted audit report in year 2013. now we do not wish to continue as treasurer as we have shifted to other place retaining our flat in the society. in the general body meeting we have put our resignation and non of the members present object to it. however, in the minutes of the meeting, they rejected our resignation without stating any reason. the real reason is there is no one who is willing to take such a responsibility. My father is old and can not do this work any more. is there any way out to this. can we write to all members and request them or whom should be approach.
We live at Pune. my name is Yogesh Namjoshi and name of the society is Bakulashree Housing society, Pune. Pl. advice
89/840, ramabai colony,trasist camp,Ghatkopar east Mumbai 400075 he maze Ghar kosalnyacha avstet ahe.
Shantisagar ho. Society, ramabai colony,Ghatkopar east yanchi sarva jababdari age. Taste Mhada ne mala letter file ahe. te sarva police sabasad ahet. Te sra che sabhasad nahit karan 540 roon paiki akahi sabhasdhe nav 1995 chya yadit nahi. Mala ghar na deta sansta mazi fasvnok karit ahe. Apan societyvar karvai karavi.ph:8976561756
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
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
Dear sir,
My mother purchased a residential plot through a housing society at Nagpur. Both my mother and father are now dead. I am the beneficiary of the said residential plot by way of will.
A portion of the plot is under acquisition / Development Plan or DP (since 2000) for making of road. The Housing Society has since then revised the map as the old map was not acceptable by the corporation under the new DP. The society is allotting plots. Now, when our turn came we were informed that since part of our plot was under acquisition, we would be given only half of the area and that too not on the road, but else where. All of this has been told to us verbally.
The overall area of the society and also the area under the plot has changed. I want to know that on what basis the allotment of plot (and area) should be done and what are our rights. Is the society bound to allot in the proportion or they can arbitrarily allot plots to members (as a beneficiary I assume that I am a member) ?
I am in urgent need of money, so is it possible that I accept whatever is being offered and then later on ask the society and office bearers the basis of their allotment to us and others?
It is also interesting to note that the new map has lesser area under plots, but more number of plots. I am more of less sure that the office bearers are only trying to take advantage of my situation. Please advise
Thanks.
Hi,
I own a flat in “A” society in Panvel. I bought the flat from builder and the society was already formed at the time of purchase. I submitted all documents requested by the society after possession. I paid the maintenance charges for two months after possession. When I went to collect the share certificate, I was told that there is some issue with the date on the certificate and will be reissued the share certificate. Now the society management committee has changed. The new secretary called me and said that the builder has not paid maintenance dues before possession and I need to obtain the NOC from builder that the no dues are pending with society. The Secretary has said that he will not issue share certificate if I do not provide the Society with NOC from builder. Is this legal that after the society has started collecting maintenance charges from me, they can deny issuance of share certificate.
Hi we have our law firm based in Mumbai and we do take all co operative society matters and provide free legal advice you can call us on 9096798916 for all your problems.
Regards
Adv Sonam Chandwani
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.
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..
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.
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…..one 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.
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 shende.surendra@yahoo.in
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.
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.
Sir
We purchased an under construction apartment in redevelopment society from builder in Mumbai. Last year we got pocession and we are staying there. Now old members are exhanging their old share certificate with old.But they are not giving share certificate to new members until we pay rs. 25000/- as entry fees. They says it is as per by laws of society. Our point is as the old society is dissolved and new society is formed with addition of a word ” NEW ” to existing name of society, then how we are entitled to pay entry fees? Can you please guide us on this.
Thanks
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.
I am facing problem of rain water from the building terrace.The ceiling of my bedroom and all wall of the room spoiled by plaster and color. The rain water is comming from a hole in the ceiling which spoil walls and ceiling too.secretary and chairman are not interested to repair.There is no dues on me.Can call a meeting for the knowledge of members ? Or what is the processor for the repair of the same walls.ceiling and terrace leakage ? Hope to receive your quick reply in this subject and thanking you.
Yours
Sohanlal Jain
You can request the society secretary for that.
Regards
Adv Sonam Chandwani
91-9096798916
HI ,
I am located in Indirapuram (Uttar Pradesh) ours is a GDA society .I am a first floor resident. Ground floor is complaining for seepages from our bathroom. On many occasions earlier we have repaired the bathroom.this time we asked them to share the expenses on 50%.But they refused and started threatening us to do a F.I.R against us.Kindly advise can I take a legal action and is their any law which clearly states what is to be done.Kindly advise.also as per our RWA rule is to mutually sort the issue.
Thanks
Hello,
We have 8 wings and a single society. We would like to know if a the members can ask for the separate book of accounts to be maintained for each wing. The records will then be transparent.
Can we demand records of expenses wingwise from the socety.
Regards
Ajit
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
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
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?
Date: 4th September, 2014
Sir,
Sub: Exorbitant NOC by Managing Committe of Coop Hsg Soc Mumbai.
I have recently leased my 1BHK flat in Kurla
mumbai ‘L’ ward, on rent for a short term. (From June 2014). The bill was raised after 3 months in August with Rs 500/- as NOC, for each month. Regular maintenance bill comprising of Rs 794/- plus NOC of Rs 500/- totalling Rs 1294/-.
Thus, the Managing Committee of the said CHSL has raised the maintenance bill with Non-Occupancy Charges of Rs 500/- which is more than 10% in the monthly bill. Whereas 10% calculation would amount to Rs 14/- (excluding municipal tax, BMC charges).
Inspite of submitting a letter to the Chairman requesting to adjust the excess amount paid and rectify the error as it is illegal and unauthorised, they have continued to send me the bill for september 2014, with Rs 500/- as NOC, total bill amounting to Rs 1294/- without any reply to my letter or reason for charging the amount of Rs 500/ as NOC.
In such a case, if i continue to pay only the normal maintenance bill amount of Rs 794/- can the managing committee levy interest on the NOC amount which is illegal and unjust. or should i pay the normal maintenance bill amount of Rs 794/- with 10% added to it amounting to total Rs 808/- (excluding municipal tax). Please advise the exact amount that i must pay.
(It may be noted that the society is blessed with sufficient annual funds from the Tata Hub that has been installed on the terrace of the building. But there is no transparency of the inflow of funds by the managing committee)
The format of the bill is as follows:
(For your Ref and advice only… Our Coop Hsg Soc Monthly Bill is in this format:)
Sr No. Particulars Amount
1. Municipal Taxes 555
2. Maintenance Charges –
3. Sinking Fund 139
4. Parking Charges –
5. Non-Occupancy Charges 500
6. Water Charges 100
7. Any Other (Specify) –
————————-
Total 1294
================
– Kindly advise the format of the complaint content to the Registrar of the society, and the postal address of ‘L’ ward, mumbai.
– Also the address of the officer of the Consumer court / Forum in mumbai.
– And the format of the complaint to lodge with the local police of the concerned ward.
Finally, how long will the matter take to be resolved as i want to know if it is worth doing this stressful exercise since the secretary is a lawyer and can indulge in crooked ways to harass innocent and helpless members like us.
Awaiting your reply and free advice.
Thanking you,
Gomes
**
Hi,
i stay on the top floor i have leakage problem, 3 years back the entire ceiling of my bedroom came crashing down and crack in the kitchen and hall, the society appointed someone and since the iron rods were all rusted they put metal rods from one end to the other end so that the ceiling doesnt fall. Since there are many cracks we face a lot of leakage problem, every year i put a tarpoline on the terrace (one end to the other end) so that is how the leakage in the rooms have stopped, however the side walls are all wet and due to heavy rains it seeps in
Just a month back a entire block of plaster fell and children were playing in the room, they were miraculously saved, else for sure they would have died.
i did the plastering of the room and just finished with the painting, but due to rains the paint has all come out.
i have sent several reminders to teh society but they are not doing anythng about it.
Though they are in talks for redevelopment, but due to internal managment / members issue, the redevelopment will take 5-7years.
Please advice, i have incurred a lot of expense, secondly there is risk to life too.
Whom should i approach
My email id: dominic_baptista@rediffmail.com
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
Please approach the Dy. Registrar under whose jurisdiction your Society falls
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.
Dear Sir,
Request your advice.
My Question is regarding Society Election for New and Existing Members.
We have a registered Society with 325 Flats
Yesterday the election took place for new committee, there were existing 12 (old committee) and new 16 individuals who has applied to be a society Member. out of 16 fresh members 2 were absent for voting. so effective 14 members only.
After the election the results were declared and it was been notice that only 1 member out of the old committee was been out of the new Society management.
All the old members has voted each other, which results to make there position secured by obtaining 12 vote which were concrete and well planed and decided.
Question
Is there any provision in the by law that the existing committee member do not vote for each other and have right to only vote for them-self and fresh individuals who has applied to be a member of the society if yes than under which section of the by law?
If your answer is yes as per the by law provision than do the fresh applied members who are not elected can dissolve the committee and how?
Yatin
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
Why don’t you file a complaint in the Consumer Forum
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.
sIR,
My Name is Ashish Narvekar , I want to ask if flat on his wife name as per the sale of agreement
can he made Chairman,Secretary or Treassurer of the society or he take any other member inside committe.
Sir,
from last 4 months we are requesting the mandatory NOC (Format 4) as applicable for obtaining the HP Gas Subsidy to society, but board is not giving it.Also board is not
providing any reasons in writing.
The procedure of NoC (format 4 Bond Paper, draft letter format) is as per government directive and is same for all the societies. All other society in our area are following
this directive and issuing NOC in format 4.
please suggest.
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.
Please complain to the Dy. Registrar of your ward.
This is deficiency in service. You can also file a consumer complaint.
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.
Society is bound to give you a copy of the Bye-Laws. You can complain to the Dy. Registrar of your area, if they don’t.
Also, read this news item at https://consumerresources.in/2013/01/30/housing-societys-noc-not-required-to-sell-buy-flat-lawyers/ which says that you do not require an NOC from the Society.
Even if you feel you need an NOC, you can approach the Society only after the deal is finalized. You may negotiate with the Buyer in the price (say 50:50), if you are going to pay the entire Transfer Fees.
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.
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.
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
Can someone please relpy on this questions. Thanks
If the shooting caused you inconvenience you, you can definitely file a consumer complaint.
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.
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
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.
Sorry, it is demand of passport office to provide NOC from the society that you stay in.
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 hsg.co-op.society 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.
He cannot refuse. If he does, send it to him by registered post and get an acknowledgement
Why do you expect the Secretary to accept letters? Send your letter by Regd. Post with A/D or by Speed Post.
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
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?
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
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.
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.
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.
Dear Sir, Can you please provide me any written government documents which i can share with the society members.
Regards,
Lokesh
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….
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.
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.”
Sir,
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
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.
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
I
,
Sir,
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.
Rgds
SIVAN NAIR
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.
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.
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.
Regards,
Nitin
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.
Thanks
Whether Rules for committee of SRA co op housing societies and rules for other co op housing societies are different?
Should I submit one more letter to the Secretary ?
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……
Thank you, shall try this
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.
Lucy
We did not offer them any new fans, as instructed by Society members.
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?
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.
Regards
Vijay Doke
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.
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.
Lucy
Your mother can attend the meetings only if she is an Associate Member.
And she can not be an Associate Member unless her name figures in the purchase agreement.
Thanks, that means I need to make a new agreement copy.
New agreement may involve payment of stamp duty. Take legal advice.
Ok, Thanks.
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 askreloaded@gmail.com
Danny
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.
You should file a complaint in the Consumer Forum.
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
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?
Water supply and power cannot be stopped, whatever the provocation.
remedies against stoppage of common bathroom by secratary of a stand alone buiding ?
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?
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.
Regards
Parita
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.
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
Panipat
PH. 09050708071
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.
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.
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.
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.
Regards,
Pawan Parekh
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.
Regards,
Pawan Parekh
What is the website of the registrar of the co-op soc of the dombivali for my complaint against co-op soc.
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
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
Hiten….File a complaint in the Consumer Forum…..
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.
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.
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.
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.
You can file a complaint with the Asst. Registrar of Co op. Societies or with the Consumer Forum.
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.
Thanks!
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.
Hello,
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 ?
Why don’t you apply for a connection direct to MSEB. They are bound to supply electric connection within a month.
Thanks for ur kind reply. But i have already paid Rs. 75000/- (Seventy Five Thousand only) for the new MSEB Connection in my agreement. Pl. reply.
Please give more details……
Binoy Gupta
eleena100@hotmail.com
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
Hello,
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 ?
Thankyou.
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.
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 to.me 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
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?
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..
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
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
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.
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 ?
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.
Find a willing purchaser and sell your flat to him…..the MC can not do any thing.
i sold my flat before 2 years. I have some proof such as voice recording against society secretary and other committee members. They are doing illegal activity like taken commission, abuse member & harassment.
Can I file complaint against them to deputy registrar or consumer forum?
please advise,
Sir,
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 ?
You can approach the Consumer Forum
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 amt.in 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.
Gaur
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 amt.in 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.
Gaur
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 amt.in 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.
Gaur
9969446500
Complaint against secretary and Prasad Gawade of Baliramgauri CHS for misuse of powers, shop owner Mr. Shelkar and Rajmata Wadapav.
Hello,
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.
Best,
Dinkar A
+91-9167747649
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
The simplest solution is to write through a lawyer.
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 that.it 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.
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.
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.
Regards
Jaspal
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
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.
Regards
Jaspal
Pl. contact Sandeep Jalan.
Have you obtained probate of the will?
Binoy Gupta
9819116360
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??
Regards
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.
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
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.
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. 🙂
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.
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.
http://www.rtionlineservices.com
So just goto this website and Apply RTI.They will surely help you to resolve matter.
Hello,
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.
The aggrieved person can and should file a complaint with the Consumer Forum
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 ?
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.?
Normally, Societies waive the transfer fees in case of blood relatives. Even stamp duty is waived for such transfers
I have heard that in varsai haque (will) in this case transfer fee of varasdar not to pay SOC. & you can admit your name as member.
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?
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?
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
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.
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.
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.
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.
Question:
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?
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.
Niraj
What does the sale deed say? Is there any mention whether Housing Society will be formed or Association of Residents?
You can apply to the local Asst. Registrar of Co-op. Societies for formation of the Housing Society.
I have a terrace flat which was purchased by me in 1990 in agreement terrace is been mention an i got noc from society while purchasing the flat. Now society says that terrace belongs to society an started charging me penalty of 5000 pm. What should i do?
The terrace belongs to the Society. No one can sell it. As a result, the sale is illegal. And you don’t have any right in the terrace.
Just forget about it.
We bought the flat in re-sale 6 months back in a housing society in Bhosale Nagar Pune and started renovating it. The society committe had a list of rules which needed to be followed for the well-being of all the people living there which we did all the while. But we ran into a problem that we sold our old flat where we were living and because of the rules and regulations of the society could not complete the new flat in the estimated time. The society does not allow any work on public holidays and sundays and also after 7 p.m. on weekdays as this may cause disturbance to the residents there. We had requested the committe in all the ways to allow painting and polishing on sundays so that we can complete the house on time and move in it but they refused saying that they cannot allow exception for one family.
The situtation now is that I had to go on loss of pay from my work as we became homeless, can’t move to the incomplete house because I have a one year old baby. We have been living with some relatives for last 1 week. As end of december is a festive month, we are not allowed to work on any public holiday even if it is noiseless painting.
I just wanted to ask if we have a genuine reason we should be allowed noiseless work on public holidays, shouldn’t we. It is as if it the society’s property are wer are encroaching into it. The committe is developed for the people and should be considerate enough to understand about the problems of even a single problem.
I wanted to know your opinion and say in it.
Think from the view point of other flat owners. You have purchased a flat. It is under renovation. As every one knows, renovations often takes a long time and does cause a lot of inconvenience to others.
Your Society is absolutely right in saying they can not make any exception for you. I suggest you increase the number of workers on week days and finish the work as early as possible.
Whatever the reason may be, you are responsible for taking more than the estimated time for the renovation. And you can not blame any one for your loss of pay, etc.
Dear Sir,
I had sold my residential flat located in kalyan last year and society charged me sum of rs 40000/- for a society premium charges and now not ready to provide me the break of charges as well and receipt. Request your views is this valid charges in Tier D locality under transfer of flat ownership.
Pls help me with how can i get refund of excess premium paid by me.
Regards
Chandrakant
Sir I booked a plot at jaipur by a firm located at matura. most of installments already paid but after january last year no money debited by firm. Also registration of plot not yet done. Please tell procedure for complaint for te same.
I reside in a co-operative housing society in Pune. The walls adjoining the common duct area are leaking badly including the ceiling and the floor in my house. I had a look at the duct area through an opening and saw that water is flowing out of the pipe from some top floor.
We complained about this to the committee. The sent a plumber to common duct area to review and he said that the upper floor owner has made some alterations in the pipeline in duct area which was not done properly and is causing the issue. As this was done by upper flat owner, committee said that the upper flat owner needs to rectify this. The committee and me even told the upper flat owner about this. Initially he didn’t oblige. Now he keeps on giving excuse that he will get it done in 2 days, but his 2 days never comes.
This situation is there since past 6 months. Let me know if I can take a legal action against the owner or some other better channel. Does this case comes under the jurisdiction of consumer court or some other court needs to be approached.
This does not come under the jurisdiction of Consumer Forums.
hello sir,
I recently purchased resale flat on 2nd floor of 4 floor building. I am facing issue of irregular water supply from day on but remaining society member get adequate amount of water supply. except some of those who are staying in 3rd floor. I have complaint regarding it many time to society body member but there is no action taken. As per them my flat having issue since my flat built and existing owner also suffer from it so we have no solution for it. you have to esquire first before purchase like that reply I get but also esquire it while society member meet so they told me we have boring water supply as well as municipal water supply so there is less water supply as compared to others please give me some solution for it or can I take separate connection for my house from municipal water supply pipe.
Note : One of them from society body member working in Society registration gov. office so I scare about it
Dear Yogesh
If you are scared, then you should suffer.
If you are serious about the problem, file a Consumer Complaint against the Society.
If there is shortage, it should be shared by all the members equally.
Hello sir,
i have just buy small home in borvali gorai, my stamdyuty registration is completed and i have the key after full payment given to room owner, and for the transfer of amount and inform to society i have called charmain of the society and take a time to meet, but unfortunate that day i have to went the office for the meeting so i send my mom and dad with old room owner to get meet and give the transfer payment and get to know each other but the just take litel time to meet so they went room and that day we have plane to inogration pooja after meet them so are preparing for that and unfortunate chairman cam and see that so started shouting an all drama i hade call from my dad and he told me all this things i have word with chairman and meet requested to accept the papers and transfer amount he is not redey to take that and he told to we have AGM meeting in next 26th this month come that day we talk that day ……… i want to know what they can do …. they are told me that dont go to room else they can complain in police against me that i have trace passing property n all ….. what can i have to do i don’t understand ….. give some advice waiting for rep……
Don’t worry about the Chairman.
You have made full payment and are the owner of the house.
Send them a letter with the cheque for the transfer amount.
And move in whenever you want.
Police can not and will not interfere.
It is only the old owner who can file a case against you if there is any reason to to do so.
I am staying in a housing society since past 30 years. One of the team members staying above me changed his sanitation line and has caused lot of leakage and seepage in my WC. Society Chairman and secy were told verbally and the owner of the said flat. However he is reluctant to do any remedial measures. I am looking for advice so that society committee can force the owner of that flat to do the remedial measures…Can anyone offer legal advice, tips, suggestions?
You can file a complaint with the concerned Municipality for taking action.
You can also file a complaint in the Consumer Forum making the Society as well as the flat owner parties.
Hello,
My mother owns a flat in Pune in Model colony that is lying empty. (We live in Mumbai) The society committee had began wrongly over-charging maintenance fees to us in 2004 and 2005. She made part-payment and inquired a breakdown of expenses so she could clear any dues. Since then they refused to reply to any correspondence(17 letters and many personal face-to-face meetings) However, without any knowledge of dues, she continued to make partial payments each year and repeatedly inquired for bills and receipts for the same which she did not receive.
In 2011 they put a fraudulent case on case for non-payment of dues demanding we pay over a 1 lakh for dues over the past 7 years. ( in those 7 years, the Managing committee repeatedly asked us if we wanted to sell the apartment – sending strangers to our house etc)
On calculation,(along with 15% interest) we found out the dues were actually 45,000.
Despite all evidence and documents in our favour, the corrupt deputy registrar in Pune put the case result in their favour( they used some influence) We then fought the case in higher court and won. It went back to the deputy registrar and won again. (In 2014)
Since then, we have deligently paid our dues and asked for a breakdown of any remnant dues and receipts for the payment. We were orally assured of this but didn’t receive anything.
**IMP** we also since made payments for the annual society fees by cheque via registered post. They have not cashed them in and have outright refused to respond to our letters. Since both my parents are over 80 years old we have been chasing them for acceptance of nomination in my name for the flat, which we found out they are purposefully delaying for the last 5 years. They haven’t even responded to the Deputy registrar’s letters to them to respond.
Please help us! This issue has ruined the peace in our home and has stressed my parents in what is their old age. It almost ruined my career as I had to quit and look at resolving this somehow. We have repeatedly gone to the deputy registrar office who said ” What can we do if they don’t listen?”
Please advise what is our best move forward?
Thanking you,
Manoj (on the verge of suicide)
Manoj
File a Complaint Complaint in the Consumer Forum in Pune.
Engage some junior advocate there.
All your problems will be solved.
hello sir,
i stay in kanpur city in uttar pradesh and i have parking problem infront of my house .
actually we have 6 feet broad gallery underneath of our house as a passage way to go out since we have our plot in backyard and other two plot are outside .
so one of the neighbor use to park there two vehicles underneath house of mine . i have problem in parking my two vehicles since i have godown in that lane so it becomes difficult to take the goods out to my shop.
one day they had also tried to put there bench in parking place of my bike when i was gone somewhere on my bike .
i am getting frustrated with all this mess .
so please if it has any solution please give it soon.
thank you.
hello sir,
i use to live in kanpur city in Uttar Pradesh and i have parking problem in front of my house .
actually we have 6 feet broad gallery underneath of our house as a passage way to go out since we have our plot in backyard and other two plot are outside .
so one of the neighbor use to park there two vehicles underneath house of mine . i have problem in parking my two vehicles since i have godown in that lane so it becomes difficult to take the goods out to my shop.
one day they had also tried to put there bench in parking place of my bike when i was gone somewhere on my bike .
i am getting frustrated with all this mess .
so please if it has any solution please give it soon.
thank you.
Why don’t you consult a local lawyer there in Kanpur? He will need more details to give you proper advice.
eleena100@hotmail.com
Installation of CCTV Camera or intercom
This is request from me
I am staying in koper khairane in my oun flat, I was admithed to hospitel and I was in icu for 1 month, now i am jobless for last 9 month and i will not get job for 10-12 months at least so I an requesting for not doing any unnecessary work, I am sorry is i an wrong i am jobless fron lase 6 months, Thais why i am requesting the following , tell me how can i approach society registration or someone who can help me .
There are only 8 flats in our room, we are paying 2000 rs per month we are paying this for last 2 years.
Currently secretary is installing intercom in our flat its prise is around 20000 for entire flore i had rejected to instal this but secretary is not taking objections from my words This society is formed 2 years back Can you give me numbers of NMMC or anyone with which i can talk.
This society is registered society anyone can give me numbers where I can call.
my contact number is 9930150625 and email id is smartmind25@gmaol.com
Regards
Mahesh M
9930150625
Decisions are taken by the majority. And in today’s scenario, it is necessary to have CCTV for the safety of every one. If you are in a tight financial situation, you can pay later and request the managing committee to waive the interest.
We have lodged the civil complaint in the court for partition on our ancestor properties against our aunt as she has taken gift deed from our grandmother. But she has given complaint on us that we are not allowing her for land. So police has taken the money from her and supporting her. They have taken complaint 20 times till now and taken statements from us. Now also they are torturing us. But if we gave complaint they are not taking as our uncle is in possession from long time. Police were refusing to take complaint. So,please suggest what we can do further.
Since the matter is in civil court, police should not interfere. You should try to get appropriate orders from the concerned court. Discuss with your lawyer..
I am on 7th floor in a CHS. upto 6th floor there is adequate water supply from O/H Tanks. Almost no water in 7th floor since 5 years. Unable for any person to live in the flat hence flat us locked and unused. Society is not doing anything inspite of being aware of the problem.. What redress do I have.
Where is the flat located. Why don’t you file a complaint in the Consumer Forum.
Binoy Gupta
Mi Bhakti app C wing kalwa made rahate…maze ghar ground floor la aahe aahe toilet bathrum madun sarat Kide baher yetat mala khup trass hotoy…maze husband ship var astat tya mule mi ani maza chota mulga amhi doghech rahato pan maze zagane khup difficult hotey please mala help kara …secretary kade mi letter dile hote te khich Action nahi ghet ..mi kay karu kute zau help kara mala
C V Deshpande
A-11-302-Chandan LokUdyan Kalyan west 421301
Contact 91 9619984688.
Email-cdeshpande903@gmail.com
Chandan
Sub-Responsibilities of Stopping leakages in flat and carrying out repairs to damaged portion.
I am staying in Chandan LOkUdyan CHS Soc Kalyan west, In flat No A-11- 301(third floor).there are leakages in my flat from flat No A-11-401 (4th floor) bath and toilet. The above flat owner has completely changed the original layout by clubbing toilet and bathroom –which were earlier independent units- in to single unit and also changed the complete layout of internal piping and plumbing. When there were leakages in my flat from the above flat, they were shown to his son and other two society members. And also it was shown to all the office bearers of the society. Last for one year I am not able to use my bedroom due to these leckages.The flat owner of Flat No A-11-401,which is above my flat A-11-301, says the leakages are from flat No A-11-501 which is above to his flat A-11-401.,which in turn percolates in my flat A-11-301.
I requested the society to find out from where the leckages are occuruing but our society did not take any action.
Due to these leakages the ceiling of my affected bed room has been completely damaged. The neeru finish has been peeled out and now sand plaster of ceiling is daily falling down with the result I am not in a position to use my bed room..
Three years back due to such monsoon leakages from the terrace in flat No A-11-601, which is last floor above my flat, the entire plaster of drawing hall was collapsed at night time. Luckily nobody was injured as nobody was sleeping in the drawing hall. In my case it is my bed room which is affected, hence I am not using this bed room for sleeping and we are sleeping in drawing hall.
Such thing should not happen in my flat I requested thee office bearers of our society to get the ceiling repaired from the flat owners responsible to the damages to my flat, but our society is not bothered and do not take any action in the matter. I fear that any time my ceiling plaster may fall down. I have written to society regarding this, personaly spoken to all the office bearers, but till date Society has not taken any action.
Under such circumstances kindly guide me,
1)-what are the responsibilities of the society and the concerned flat owners from whose flats there are leakages in my flat.
2)- Which authority I should approach to get me relief?
Thanks,
C V Deshpande
I stay in higland view building charkop village kandivali west There is tenant who was parking bike for 1 yr than since january 2016 he is not parking and tht place is common place for parking and I jad purchased new 2 wheeeler in feb and started parking there since march and now tenant has asked me to move vechicle from tht place pls need suggestion and when compalined to secretary and chairman there is no response
Gosh !! if the parking space belongs to the tenant who is asking you to move, then please move.
I have rented out my commercial shop in a housing society one and half years ago to the Bank ATM. The bank authorities had fitted ATM board on the shade in front of my property at the time it was leased to ATM center. But Now after one and half year one of resident above my shop is objecting and asking to remove the ATM board. The bank authorities are not willing to remove the board. Can a member object of society object to the board. How can I tackle this situation.
It is not your board……..it belongs to the Bank.
Tell the member you are helpless.
Just keep mum…the member can not do anything.
They have made it remove from bank authorities when we were not in town.
The bank authorities are now threatening us that they will move out if society does such things every now and then. I don’t want ATM to move out as its a 9 years agreement. How can I take action against society.
Sign boards are officially allowed on commercial establishments. Get a stay form the local civil court.
we are living in co operative housing society in surat. but here some flat holder have started giving flats on rent to offices and one flat has been given to aids doctor for clinic. due to this the atmosphere of society has degraded and constantly people are coming and nuisance is being felt and so i request to help for the regarding and how can i stop these activities from the apartment. as it is co operative housing society and i think the flat should only be given to families. please help me how under law or by doing what i can stop this thing.
My internal ceiling roof had damaged badly fall down badly no injuries were happen. But I want suggestions that it repair by society or by owner that means by me. Please give me a reply. Thanks.
Internal repairs are the responsibility of the flat owners, unless your flat is on the top floor….that is, the leakage is from the terrace.
Where to send the request to grant the permission to hold the election of the commitee for the SRA co op housing society
where the government auditor is appointed.
what is the process to hold the election of commitee members for the SRA co operative society where the administrative officer is appointed by the SRA authority and powers of the existing commitee is withdrawn
Dear Sir,
If an existing cooperative society consisting of only bungalows of different sizes is being sold. How common area profit has to be divided among members?
Will that be proportionate to the members bungalow size or Will the common area be divided equally amongst all the members.
Kindly advice.
Thanks.
please send me wb society registration act need certified copy of Zenith paint Academy….
address.-vill+post-Harishchandrapur,
p.s-Bharatpur,Dist-murshidabad,pin-742161.
You will get this in on the following site:
http://www.wbhousingboard.in/home/acts_rules
Election officer has not explain the rules of for conducting the election because he want to go home early what to complain what to do
Sir
I m elected member of a co p.o. society in Mumbai.
A member just get his possession after 12 years from builder,due to court matters.
Now society given them a dues letter Rs 27000 properties tax + Rs 40,000 INTRESTES /late charge.
What is the right way please guide me.
Thankyou
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
File a Complaint in the Consumer Forum against the Housing Society
I m a member of co operative Housing Society.. Without discussing the matter in general meeting our chairman of Society has decided to levy penal charges on members who are keeping their shoes outside the home. Pls suggest what can be done since we don’t want to accept this rule..
We live in CHSociety in Mumbai.The fire department after inspection directed the members who have trespassed into open areas with furniture etc obstructs the fire fighting personnel and must be removed.The GBody by majority refused to dipo it and hence please advise what the MC to proceed.The majority has misused the area,and hence the decision not to accept the decision of Fire Department of BMC.
When General body members by majority flout the orders of Fire department to clear the trespass by placing furniture in free area which is likely to interfere with efforts of the department while there is fire in the building,what the committee should do?
Dear sir,
I stay in housing society at NALASOPARA. In general meeting it was proposed to hike in maintenance charges. Which I think is very high. Misuse of the fund has already done and secretary of our society has given resignation after that incident.
Our societies dues are only salary of watchman whose only duty to leave water at morning, sweeper, light bill and water bill.
I want to know is there any law in by- laws for how much maximum maintenance bill should be. To whom I should approach for this reason.
How can there by any limit to the maintainence ?
The actual expenses depend on so many factors….
Of course, the MC has to keep bills and vouchers and proper accounts.
And they have to justify the increase in the General Meeting.
Dear Sir,
I am one the member of the registered co. op. society as well as ex. secretory of the society situated at Andheri (W). After giving resignation by me as Secretory, and Chairman and other committee member in Feb, 2012, new committee was formed in March 2012 and took the charge in April 2012,. I handed over all the documents to new committee in writing and took the sign of new office bearer ie. chairman, secretory and treasurer with rubber stamp of office bearer on my letter in new committee meeting. New committee had taken full charge of the society from 1-4-2012 without filing the M 20 Bonds as per bye laws of the society. Due to mismanagement by committee, some member had complained to the Registrar of the society, so Registrar had disqualified all committee member and forcefully were stepped down by registrar and appointed Administrator by Registrar in Feb, 2015. One of the office bearer was treasurer from very beginning till all committee member are stepped down by the Registrar. I had informed to the new committee member while taking charge of the society that it is mandatory to file M 20 Bond, and was given in writing also, but till the disqualification, they had not filed it. While handing over all documents to the new committee, I had mentioned that some of the society’s files are in the possession of member who was treasurer. Now society requires files to fight with BMC for 120′ road cutting notice as BMC requires some open space of our society. The plan of our building was approved by BMC after giving effect of 120′ road, but member says that he has handed over files to the builder as it was given by builder to him.
Now, I want guideline from you for following quarries as there are so many irregularities and what action should be taken.
1) Whether all acts as well as resolutions, and all expenses are legal which are done and passed by illegal committee?
2) What action can take against member who handed over files to the builder? Can it be given without any approvals from Administrator?
3) Can illegal committee transfer the flat.
4) Without taking legal action in absence of required files, if BMC takes possession of open land than who will be responsible for?
5) Administrator has appointed a lady as Society Manager without giving any appointment letter to the society.
Thanking you.
Dear Sir / Madam,
We hv n intercom in our society. My intercom handset was not working so i put a complaint to society the intercom AMC person came and found that handset is not working properly and also the line of intercom outside of my home was also not working. He repaired the external wire and ask me to take new handset. Now the society authority is asking me to pay the wire change expense of external wire and to bare the handset cost too.
Question: Is the above expense is correct as per the ByeLaws or they r following the wrong rules?
If the Intercom was installed by the Society, the maintenance expenses should also be borne by the Society.
Our society in Borivali is charging interest on interest every 2month is this OK as per the bylaws.Kindly comment pl.
(F) general body c.excess of fine on maintance.
(F) General body c. Excess of fine on maintance.
our society is not letting any member to install new broadband connection.they are telling they will not give anyone permission to touch the duct (where cables will be put)
our building has hathway and mtnl connection they told they will not allow any new broadband service provider intstead of the current one.
they are not allowing to lay cable from mine flat to duct at ground floor.
i am on mtnl connection and it is no good, i am forex trader who needs connection for trading and i a loosing money because of not allowing new broadband connection.
what to do please help me
Question: Can society force a flat owner to evict his tenants by not giving NOC for extension of rent agreement without any strong basis?
Details: A few committee members with malicious intentions are hiding behind others & coaxing the managing committee (who in turn are pressurizing my flat owner) to force me & my family out of the society for their personal motives. My owner had applied to the society (45 days ago) for NOC to extend my rent agreement for another 11 months however the society denied to give NOC. I wrote a letter to the society asking them to give me in writing the grounds on which they want me to be evicted from my rented apartment but the society hasn’t responded even after a month of receiving the letter. On the contrary, they have bluntly told my family that we (as tenants) have no right to address any application/letter/concern to the society & that the society is not liable to reply to us. They have refused to reply to my letter & have told me to vacate the said flat by this month end. However, they do not have any reason for doing so. What should I do now?
Consult a lawyer. It is worth investing a lawyer. Talk to a lawyer….Don’t think too much….Just like you can’t self medicate, you need a doctor, just like that you need a lawyer to set straight such bastards. The Police and the law are your friends.
Dear Sir
My flat is in Pearl Residency co op. hsg.society Daud baugh,J.P. road, Andheri west, Mumbai 58. Please solve my below problems.
1.I have submitted my nomination form before nine months and till date not returning me duly signed and stamped .I am a senior citizen 75 years. having problem of heard ,lungs and diabity.I am tired to run after them.
2.Secretary and chairman not removing the internate wires which are hanging if front of my flat.The wires should be fixed but not done and hanging like Zhoola. (Many wire
3.The secretary is not a member and having three childrens. The chairman also having three childrens. Which is against the law of High Court.
4.I was having two flats for my two sons. Buy one son has sold the flat but secretary was not issuing the N.O.C. and after more then three months making delayed the chairman issued N.O.C. for which I got a loss of heavy interest. I must get interest . Kindly do the needful. Till date they have not transfer the flat on the name of buyers. Kindly do the needful
5.Society building is dirty and not cleaning dailly.Although my request and complaint they do not fit the tube light for two places (1) In our lobby (2) In our car parking space.
6.The are not capable for post. Please remove them and do the needful.
Hope receive from your prompt support.
Thanking you
I require Society letter/NOC from the Society for police verification purpose to validate my stay there since last 11 years, but today the Chairman denied giving it demanding to pay the outstanding maintenance charges balance since last 6-7 months.
I am ready to pay it at the earliest possible, but can he blackmail me for issuing an NOC on these grounds? Where can I complain against him for an immediate action. Thanks for your valued guidance in this regard.
I do not know for what purpose you need NOC from Society.
You must be having lot of other evidence like Share Certificate, old maintenance bills, Bank Account, Electricity Bill, Telephone Bill, etc.
It’s a requirement listed for Mumbai’s housing societies. Even police stations have those set of guidelines listed for them as standard (& mandatory) procedures listing ‘NOC from Society’ as one of them. I just wanted to know if anything optional can be done to cater to this need, having mentioned everything I had to say in previous comment cum query
My society is in Wakad, Pune (under PCMC). Management Committee of my society spends some thousand rupees every year in the name of maintenance and repair of the Transformers. On such an expenditure of Rs. 5 Lacs in the name of “Transformer regular maintenance and coil repair”, I raised a query to MC, asking why this work was not undertaken by MSEB, as the transformer is owned and managed by MSEB. Their response is, “All the transformers given by the builder had been maintained by the builder before handing over the society and the transformers (in 2012), after handing over the society, is in the custody of society and same is maintained by society. Hence society has undertaken the maintenance and not MSEB”.
Can anyone please provide some guidance on whether a transformer can be privately managed/maintained by a Co-operative housing society? Any reference to document evidence (Byelaws/Act) will be highly appreciated.
File an application under RTI to the MSEB.
Ask them who is the owner of the transformer and whose duty it is to maintain them.
Thanks. Yes, that’s what I am planning to do now.
Everyone says that “Youth is future of India”. What if youth do not get place to live.
I am bachelor staying and working in Pune. I live in wakad. Here, the new trend is “BANNING BACHELORS”. I have been forced to leave my place as society members have decided that no bachelors will stay in society. If every society started doing this where will we go? A couple had some fight with watchman so society took this action. How can you punish all bachelors just because of a single person. This problem is not just limited to my society but in entire wakad society members are doing this.
Society are now limited to families. Where will bachelors stay? On Road?
If in a society only families will stay, why is there no society where only bachelors can stay?
I request to take some serious and immediate action as I have to vacate my place by this month end.
Regards,
Amita
Is there any difference in the CHS bye laws for charging Common Maintenance Charges (CMC) between a “Vertical Building which has many individual flats” (where CMC for security and lighting is charged per flat/unit) and “a set of bungalows/villa owners” who have come together and formed a cooperative housing society ? Should it be on a per square feet basis or on a per unit basis ?
What is the methodology of recovering dues from defaulting society members and the builder for non-payment of maintenance dues ?
Please advise:
I am resident of a CHS in Wakad, Pune (under PCMC).
I have read on Internet on multiple forums that whatever resolutions are proposed and passed in the AGM by managing committee must be presented to Registrar (DDR) for acknowledgement and approval. This is a way to ensure that Managing Committee does not pass anything that is not under their jurisdiction.
Can someone please advise if the society bye laws has any reference in this regards?
Regards
Kapil
Hi ,
I live in Pune , Maharashtra . I own a 3 bhk flat of area 1580 sq ft . Our Society have mix of 2 bhk and 3 bhk flats . Our cooperative society is charging maintenance based on sq ft while we are only 2 people living in 3 bhk and requested society to make fair maintenance charges . Some one also told that by law suggest that maintenance should be equal irrespective of area of flat .
we requested committee also to follow by laws for maintenance charges , they denied it .Reason is that all members posses 2 BHK flat only .
I need help here that what I can do to get implemented by laws of equal maintenance.
.
Thanks,
Ram
Hi Ram,
Yes, you are right Society should charge the maintenance equally to all flats most of the charges are related to common areas, lifts, amneties, etc. which are equally used by all members, irrespective of the area of the flat. However, there are certain charges which are based on the area and some additional features in a flat. For example, water charges are directly proportional to the number of inlets in a flat. 3 BHK will have more tabs than a 2 BHK. Please read the maintenance bill that you receive from society and cross check it against Model Bye Laws Sec 66 (A).
Regards, Kapil
I stay in cooperative chawal in vikhroli east. Some bachelors are staye front of my room. They dont have any noc of society, police or us to keep 15 bachelors in room…… because some political authority is supporting this people. Room owner also make good relation ship between that political member. I am suffering from that peoples nusance plz guid me how to fight with this people legally without harm me or my family member. Thank you
Dear Sir,
I am the Secretary of an Housing society in palghar district. I want to know from you sir if I can accept cheques towards maintenance charges from the spouse (who is not a co-owner of the flat) of a member of our society. Though I have in the past accepted cheques (one or two occassions) from the same spouse this month I have refused and asked the owner of the flat only to issue the cheque.
In no one is objecting, and if you have accepted cheques from the spouse in the past, why should you suddenly have a change of head or heart now……?
Just keep on taking cheques from the spouse as in the past.
The Society amount can be paid by cheque only. There is no restrictions that the cheque should be drawn by member. You can accept the checque drawn by any family member /caretaker
Our Society paid a bribe of 1.5 lac to a lawyer to get our conveyance paper approved faster. They asked each member to pay Rs 5000 (30 flats). This money was paid in cash which I was not in favor with and at the Special General body meeting asked for this amount to be paid in cheque so that all records are in the building balance sheet.
Now the building has added this amount to my maintenance as I did not pay.
How can I challenge them for this. Who do I complain to about this.
This 1.5 lac is not appearing in our building accounts.
Dear Sir,
i m staying in airoli. In our society, secretary is misusing the society premises by selling onion and patatoes. Other few society members are also supporting for the same. is it there is law or rule to handle such situation.
What if a member staying above my floor is causing disturbance at night if loud to very loud bangings of his floor and doors since the last 8 months.
Whom should I complain to if the society isn’t responding to my complaints.
My Name is Pawan Parekh , I am residing at Om Vasundhara CHS, Mira Rd east Mumbai.
Our Bldg is almost than 20 years old, Most of the Pillar’s of the bldg is Cracked, A Notice also by Mira Bhy Municipal for Structure Audit is been given, but the Bldg secretary chair person is saying the Bldg is OK. And he is modifying the ground level, but we said him to do the Audit first.they are deniying to do the Audit. Now whom should we blame if some disaster happen.
Can any one help me, How can I log a complain for one of near by society who keeps illegal tenants in it.
My father is a Senior Citizen and bought a room at Rs 3865000 @ 165 sq ft which was newly constructed. Verbally the seller of the property told us that there can be a 5th construction cost which might be 15000-20000 and he agreed and bought the room. The Society gave the NOC and TransferCertificate. After 8 moths the society send us the 5th Reconstruction Cost @ Rs 84184/- and the society never intimated that it might escalate to this huge amount.
I believe the society should have intimated us while buying the room.
Plus 136 sq feet is the the 5 reconstruction cost. + there is an increase of 24 sq feet by the Architecture. And thus all the installements from 1st till 5th Complete cost.
Now I am not sure what to do. Please help.
Ganesh
7021215950
I am smt vidya Deshmukh I am chairman in vinayak Krupa khambalpada rd dombivali east near manjunath college 421201,our socy secretary do not give cooperation with us we will give our mentanance cheque he refused to tale cheque he take the cheque from sum members and did not give receipt one year do not arrenge light our floor do not clean our socy I am chairman ost in my socy no elevation last five years not clean water tank last 7 years secretary do not understand any problem now I am 64 years old I headek our socy so many years roblem our secretary do not listening anything our socy members
Dear Sir/Madam,
Pls. find attach video file for your reference.
Harassment and Nuisance created regularly since last more than 8 years by Mr. Pravin Kumar Padia from Shop NO. A-3, Royal House Co-op Hsg. Society Ltd, M. B. Estate, Ram Mandir Road, Virar (West) PIN-401303 by carrying on Industrial Workshop at Residential Area, which we are not able to live in our home and our life peacefully.
REGN NUMBER : TNA/VSI/HSG/TC/3068 OF 1988-89
I Praful Rana the members of Royal House Cooperative Housing society hereby desire to stop Industrial Workshop from our Residential premises with immediate effect. The owner of Shop No. A-3 Mr. Parvin Padia is conducting Industrial Workshop 2005/06 ; almost since last 10 to 11 years.
I stay at Flat no. 101/A, wing, In the said flats at ground floor are utilized for commercial purpose and upper two flats are utilized for residential purpose,
I had been verbally protesting for horrible Nuisance and Irritation since last 8 years , had been oral and writing complaints to Secretary Mr. Kumarbhai Mehta a Secretary of Society, and Mr., Pravin Padia owner of shop A-3, but Harassment and Nuisance is continued as a usual schedule. And my whole family suffer from wooden cutting machine sound, my little daughter also suffering badly from workshop sound, but no body take any action on this.
My family is undergoing very awful and nasty situation since last more than 4/5 years due to Industrial workshop sound and I had been complaint register office so many time.
Royal house bundling 35 years old and due this machine whole building get shivering,
He is not looking public holiday like, labor holiday 1st May, 15 Aug, 26 Jan, and even national festival and it was established as an official holiday but Mr., Pravin Padia open his workshop and working regularly. And I have no rest at my home due to heavy Wooden cutting sound happened and its very mentally harassment and irritation happened on this grinding machine and his continue running.
Even I had given 4 to 5 complaint letter and legal notice to The Secretary & Society register office and Managing Committee and Maha-Nagarpalika. But to our surprise no action is taken by The Secretary & The Managing Committee even though being vested with full power.
Even I also informed so many times writing and verbally As per rules and regulation of bye-lows of the co-operative housing society Ltd. under Maharashtra Co-operative Society Act 1960 and the business carrying out at gala No. A-3 is nature of factory workshop which should not be functioning in residential premises where people resides.
Request you to kindly suggest what I can able to do and right direction to stop this Industrial workshop.
Thanks & Regards,
Praful Rana
.
NON-COMPLIANCE OF RTI REQUIREMENT
On 28th September, 2017 I had submitted an application under the RTI Act 2005 addressed to the Public Information Officer in the office of the Dy Registrar of Co-operative Hsg Society as per copy enclosed with this letter.
My application is self explanatory. I quote a news item published in the Times of India on 22/11/14 where an official from the Election department reported to have told “This time, members who default oral roll”.
I was prompted to submit the RTI application in view of the seriousness of the matter. However, till the time of writing this communication nothing is heard in respect of my application under RTI Act. I bring to your kind notice-
1) The person who contested election is a defaulter;
2) He has converted his residential flat into a commercial unit without permission of society;
3) His cheque some time bounced and bank charge also is to be collected;
4) He has forged a non-existing visiting prepared on computer where he has shown me as an estate agent and presented it to the office of the Dy Registrar.
5) The BMC has checked his flat and confirmed that he has converted the residential flat into a commercial unit;
6) The BMC has accordingly levied property tax on the said flat on commercial basis and claimed the amount from society;
7) The society has filed a claim u/s 101 against the said member which has been closed for order.
I am enclosing herewith a legal advice published in the Times of India on the forged visiting card.
It was under these circumstances that I submitted an application under the RTI Act.
The election Officer who conducted the election on 1st October, 2017 has not yet submitted the minutes of the meeting and the list of the elected members and office bearers.
I hear that one of the complainant from the society is having liberty in the office of the Dy Registrar to dictate letters and orders against my society and against the outgoing committee members.
i am unable to pay transfer put due to poor condition now society chairman secretary treasurer and managing commitee also member live on rent not allowing me to use my space infront of door in building no agm done we have even paid repairing fund rps 15000 and also 8000rps but they dont show us any detail about expenditire even terrace key not give us for use secretary daily take walk roam on terrace and put cylce inside water tank house and chairman put shoerack water drum, dustbin also put cloth outside for dry but i am not allows any of this and every now and then come to house and argue for dustbin and cloth so there are 42 flats in that 10 member stay in flat remaining our rent people who also harass and society member do not stop rent people but stand against us to fight please suggest us what procedure or action should i take
Hello our committe name is rahat plaza co operative society.. all the members are not elected by any one..they dont give any feedback nor any update to any one.. in our area.. chief promoter is elected within the members.. they ppl are fraud and telling to vacate our house. Within 45 days. All are corrupted.. we need elections.. AGM meeting papers was fraudly signed by the tenents..plz help..
I am suffering from mail theft. I am not receiving any letters from bank and other institutions which are important and can be misused by any wrong person. Kindly advice.. can I hold society for mail theft..
Hello sir I am Mrs. Priti Dhiraj Mehetre staying at Pune my society name is Manikmoti Co-op society Ltd at Katraj Pune I am committee member of this society but there is some issue chirman Mr.Suraj Hailkar,Secretrary Mr Shete and Khajindar Mr.Nitin Bhoite telling me give resign from committee because there is so many illlegal things done by these peoples i taking action against these people but not response from these people they allways avoiding me to call meeting even not taken monthly meeting after Oct17 for that i follow the Secretary Mr Shete but he give me answer there no any transaction why should take meeting just like that not showing me accounting book even I am tax consultant avoiding me as a ladies and give me personal harishment with me i am very depress under this or ready to resign but some society member not ready this they telling i am with u don’t do this not maintain proper books of account or so many problems there pl give proper suggestion for this
If being a committee member is causing you depression, my advice is you should resign from membership….
Hi Sir-
I need your help/suggestion. I am a tenant in one of the society in Mumbai and staying with family for more than 2 years. recently the society started charging for food in cultural programs (republic day/Holi/diwali) from tenants only. residing residents do not have to pay this amount, however the fund is collected from all the owners on monthly basis as part of maintenance bill. My owner stays out and does not attend any program
can society charge such a amount only from tenants while there is no difference in maintenance bill. can society discriminate based on tenants vs residing owners . if I need to complain where and how can I file it.
thanks, Raj
Where Maintenance (Service Charges) is being charged on Sq. Ft Basis, in violation of the Bye Laws by the CHS, which is the Proper Authority to complain to, in Mumbai, Maharashtra?
Sir, Is it acceptable to have the statutory documents such as I Form, J Form, Share Register, Investment Register, Nomination Register all these printed and pasted in the respective book with society seal and signature. Since clarity will be good and change of members with different hand writing will not be easy to understand.
नियम—-प्रत्येक सदनिकेच्या संबंधात समितीकडून संस्थेचा खर्च निश्चीत करणेबाबत, सहकारी गृहनिर्माण संस्था उपविधी ६७(ब) मध्ये, “उपविधी क्रमांक ६७(अ) मध्ये निर्धारित केलेल्या तत्वांच्या आधारावर समिती ‘प्रत्येक सदनिकेच्या’ बाबतीत संस्था शुक्ल आकारणी निश्चित करील. मात्र सर्व भूगागांना जरी त्याचे क्षेत्रफळ कमी अधिक असले तरी सदरची आकारणी समप्रमाणात असेल”.
माहिती—सहकारी गृहनिर्माण संस्थेत ‘सदनिका’ व्यतिरिक्त, तळ मजल्यासह ‘गाळे-दुकाने’, ‘गार्डन फ्लट’, ‘रो-हाँउसेस’, ‘टेरेस फ्लट’, ‘पेंट हाउस’, ‘ऑफिस’, खाजगी मंगल ‘कार्यालय-हॉल’ असे कमी अधिक क्षेत्रफळ असलेले बांधकाम असते. वरील नियम हा ‘सदनिका’ साठी आहे कि ‘सदनिका’ व्यतिरिक्त, ह्यांच्याहीसाठी आहे. या बाबत माहिती देणेची विनंती. ‘सदनिका’ व ‘सदनिका’ व्यतिरिक्त शुक्ल आकारणी समप्रमाणात आकारावी का ?
पी.के.शेवाळे,
9422646894
pralhadkshewale@gmail.com
07/08/2018…PUNE.
Hi,
am planning to buy a terrace flat in mumbai. Area of flat & terrace is mentioned in the registration & allotment paper. but when approached society to give the same in written.. they denied. can this be an issue in future? there are 6 flats on the top floor with the allotted terrace area. can society create any issue if i want to put a shade (not concrete) to protect my furniture from sun & rain?
kindly suggest.
yes, the society can create a problem and they will not provide any written document. However in the transfer certificate/agreement of the property ensure that the terrace is included. officially you cannot build anything on the terrace. It all depends on the Society and the Local Body/BMC to permit you for temporary roof . But you can only settle them.
Hi,
i am planning to buy a land in Taje village near lonavla. it comes in Pune district. the project planner has provided all the documents including 7/12, sale deeds and all other required documents. its farm land but according to him if i buy 11 guntha then i can get it registered on my name. also, according to him if the land is within 500 meters of highway or a village then no need to get it NA.
so, any suggestions on the same? should i go for it? my father has farming land so i dont have any issues in buying a farming land.
need your advice in resolving issue in my housing society.I do stay on first floor in my wing .Society kept an iron bench below sliding window of my bedroom.Throughout day several persons seat on this bench chitchatting, talking on phones loudle, watching movies and listening songs on their smartphones.This creats considerable amout of sound and as a result I could not rest peacefully in this room nor my son study in this room.I had raised my concern to committe members through 2 written complaints but neither any action is taken nor any reply is given to me.
Please help me in deciding future course of action in this regard.To whom should I approach ?
If a wrong decision of CO op hsg society with regard to non occupancy charges has caused mental harassment to a member can he seeak compensation through consumer court or any other forom.MY HOUSE IS IN A COOP HSG SOCIETY IN MAHARASHTRA WHICH IS SELF OCCUPIED AND IN A PORTION OF THE HOUSE I HAVE PERMITTED A FRIEND OF MINE TO STAY WHO IS KNOWN TO ME SINCE LAST 40 YEARS. NO RENT OR LICENSE FEE IS BEING CHARGED FROM MY FRIEND NOR I AM GAINING ANY FINANCIAL BENEFITS IN THE FORM OF RENT / LICENCE FEE . THIS FACT HAS BEEN CONVEYED TO THE CHAIRMAN OF THE SOCIETY IN WRITING SEVERAL TIMES , YET NON OCCUPANCY CHARGES HAVE BEEN IMPOSED ON ME
PLEASE ADVISE FURTHER ACTION
My house roof’s are cracking due to society external wall leakage during rainy season.
Who is liable for the repairing cost I (Flat owner) of society.
Sir,
I am a flat owner of Shantiniketan Soc. at Dahisar west. it is a top floor flat. Our building is 32 to 35 yrs old bldg. Two years back only Society got registration. Society has taken the decision of repairing work from outside as well as inside. for that they have charged rs. 12000/ from each 1bhk flat. while the work was going on that time my hall ceiling broke down and due to which my POP also came down. My father was sleeping there and he saved his life by god’s grace. I called all society member they saw it and water was dripping there. I gave them one letter to pay these charges as it happened while work was going on. My bedroom ceiling also got cracks. but they deny to pay all charges. saying that it is not come under society norms.
pl. suggest what can I do ?
hi all, I would like to enquire about a peculiar problem in our society. I recently took a Jio fibre connection as the Jio hub was installed in our society. I paid for the connection. Now the society is not allowing the Jio technicians to enter the terrace for installation purpose. They say that they do not want loose wire connections to hang from the terrace to the floors where the flat is located (1st floor). Society is objecting stating that only if Jio fibre provides concealed wiring they will allow to install. I need the jio fibre service as I have long work hours and a optic fibre connectivity helps my needs. My Query is does the society have the right to restrict me from taking the connection and getting the wire connectivity from the Jio hub installed in the society terrace to my flat. What is the members righst under these circumstances. Pls suggest what solution is available to me. sreeyen at g mail dot com
Hello,
Society members are not ready to follow bye laws. Whom need to contact to get this addressed ?