February 2019 – Consumer Resources

Circular – To handle the complaints regarding members in the co-operative housing society not paying monthly maintenance charges. There complaints must not be entertained by Registrar. Copy has to be placed in a conspicuous place by Registrar in his office. If a defaulter is lodging a complaint than chs must use the above circular.

Dated 2nd Nov, 2002

To handle the complaints regarding members in the co-operative housing society not paying monthly maintenance charges.

Maharashtra State Co-operation and Textile Department – Government circular No. SAGUYO – 2002 / PRA.KRA. 365 / 14.SA, Mantralaya extension, Mumbai – 4000032.

Date: – 02 November 2002

CIRCULAR

It came to the notice of the government that, some members in the co-operative housing societies are not paying monthly dues to the society. And for this they are giving various reasons like amount of members is due from the society, society is not repairing the flat, monthly charges are higher etc. Thereby the managing committee of the society is facing difficulty in doing day-to-day work of the society.

When Managing Committee seek justice to the Registrar under Maharashtra co-operative societies Act 1960, the members state that their complaint is pending with government / Registrar and therefore payment was not paid.

While taking into account the difficulties facing by the managing committees due to not paying monthly charges, the following instructions are being issued for how to handle such cases by the Registrar.

The members should not stop paying monthly maintenance charges to the society for any reason.
If there are some differences of any members with the Managing Committee regarding monthly maintenance charges then they should solve them by applying to the Competent Authority. The Registrar should take precaution of deciding the complaint regarding monthly maintenance charges within one month of receipt.
If the Competent Authority certified that the monthly maintenance charges are higher than the action to return/ adjust in the monthly maintenance charges should be taken by the managing committee of the society as per order issued by the Competent Authority.
While taking cognizance of the complaint of the members who stopped payment of monthly charges, the Registrar should first instruct such members to pay the dues of the society first.
The copy of this circular should be put up on the notice board in the office of the Registrar.
This circular should be brought to the notice of all the Dy. Registrar/ Assistant Registrar all District Deputy Registrar. Similarly the Dy. Registrar, Co-operative Societies should take action in bringing to the notice to the Federation of Housing Co-operative Societies in the state.

By order and in the name of Governor of Maharashtra.

sd/- Section Officer, Government of Maharashtra, Co-operative & Textile Department.

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It is common knowledge that many disputes in Co operative Housing Societies originate on account of Leakage. Prima facie leakages are of two types internal leakage and external leakage.

We all know that water percolates from top to bottom. It reduces the life span of the building. The neighbour from whose flat leakage originates is hardly bothered as leakage does not affect him.

The poor member residing on the lower floor pleads, appeals, screams but hardly does it affect the member residing above his flat.

His submission that his furniture is getting spoilt. False ceiling is likely to fall, the paint is peeling, walls have become wet, There is a probability of electrical shocks due to water percolating into wall are just ignored by the member residing above. The submissions being made by the society in such matters almost falls on deaf ears.

Forget about repairing the flat and stopping the leakage, Member residing on the above floor literally does not allow the society representatives or the representative of the members residing below to even allow the contractor to enter his flat.

Some societies have passed resolution that the expense on leakage of flat specifically internal leakage will be shared equally by all the three parties namely, one share by the member from whose flat leakage is originating, one share by the member residing below that is the sufferer ( dukhi atma ) and one share by the society. Idea of sharing by the society is to ensure an element of support to the sufferer besides an element of fear on the member who is resisting carrying out leakage.

As regards external leakage or leakage from the terrace the same is the exclusive responsibility of the society.

Here, I would like to add that the members are short-sighted at times due to vested interest they oppose sharing of expenses. Let’s take an example

We know that leakage will result in contribution of expenses by the members residing on the lower floors. Say the society collects Rs. 1,000/- per member per month for repair and maintenance. The members on the top floor also pays Rs. 1,000 for repairs. Terrace repair contribution for resolving the leakage problem would be say Rs. 5,00,000/-. Why should the hefty expenses be incurred by all when more benefit is likely to accrue on a selected few? This is the logic of members residing on lower floors.

The aggrieved member much against his desire has to approach lawyer for such matters. Obviously his lawyer will think in terms of the welfare of his clients and will take the fight to a different level. He will advise his client to approach Bombay Municipal Corporation and write to the Bombay Municipal Corporation to issue notice to the society as well as a member residing above his flat. He may also advise his client to draw the attention of the Bombay Municipal Corporation to the irregularities and illegalities in the cooperative society. We have been given to understand that the Bombay Municipal Corporation itself is not following laws framed by the Bombay Municipal Corporation then how are Cooperative Societies supposed to follow the said laws100%? Nitch area, drying space area are merged and misused by many members of a cooperative society which is an open secret.

Terrace repairs is the responsibility of the society. But in reality members residing on top floors have to contribute extra is the unwritten rule for repairs of terrace. Alternatively suffer in iisolation. Members in general body meeting will say just put tar by spending a few thousand rupees rather than repair the terrace.

In one matter of internal leakage Bombay High Court has also advise all the parties to resolve the issue amicably. That too after telling the cooperative society that the court would be forced to appoint an administrator to sort out the issue of leakage.