Article published in the TOI issue dated 18 Dec 2013 – page 8

Sometimes, the managing committee of your co-operative housing society refuses to give you crucial documents or information. This happens when you have a dispute with the society. How to get those documents?

Click Here for some practical solutions / suggestions

Also remember the following :

1. CONSUMER COURT IS NOT A FORUM FOR RESOLVING DISPUTES. Therefore, don’t mention personal disputes.
2. YOUR CASE MUST BE ABOUT THE “BUSINESS” OF COOPERATIVE HOUSING SOCIETIES.
3. SERVE NOTICE & ALLOW SUFFICIENT TIME (15 DAYS) TO CORRECT THE DEFICIENCY.
4. CONSUMER PROTECTION ACT IS NOT CONCERNED WITH OTHER LAWS.
5. THIS IS “ADDITIONAL REMEDY” AND NOT “ALTERNATIVE REMEDY”.
6. ONLY AGGRIEVED PARTY HAS RIGHT TO FILE CONSUMER COMPLAINT.
7. CASE IS AGAINST HOUSING SOCIETY, AND NOT AGAINST INDIVIDUALS.
8. ALSO AS A LAST RESORT, YOU MAY FILE FIR OR PRIVATE COMPLAINT WITH MAGISTRATE 

Please Study these Acts & Rules to strengthen yourself:
(i) MCS Act 1960
(ii) Model Bye-Laws of Coop Housing Societies
(iii) MCS Rules 1961
(iv) RTI Act 2005
(v) Maharashtra State RTI Rules
(With standard formats for RTI application, first Appeal & Second Appeal)
(VI) Consumer Protection Act
JEBY’S GUIDE IS CREATED BY SHRI J.B.PATEL (Jeby) – CHS ACTIVIST for free distribution.
Those aggrieved in Co-operative Housing Society matters may seek his free guidance and help.
SHRI J.B.PATEL (Jeby,) Mobile: 98205 38570. Shri Krish, Mobile: 98215 88114
Email: (jebypatel@rediffmail.com )
FIGHT FOR YOUR RIGHT!
******************************************************************************

DC Rule amendment for MHADA Societies  –

For redevelopment of existing housing schemes of MHADA, containing

(i) Economically Weaker Section (EWS) or

(ii) Middle Income Group (MIG) or

(iii) Higher Income Group (HIG) houses with carpet area less than the maximum carpet are prescribed for MIG,

the total permissible FSI shall be 3.0 on the gross plot area (exclusive of Fungible FSI)

Sharing of the Balance FSI and other rules also included

DCR Rule amendment MHADA plots

Courtesy : J.B.Patel (Jeby), RTI & Housing Societies’ Activist, Mobile:9820538570

J.B.Patel – Jeby, Housing Societies’ Activist, 9820538570

IPC Sections:

323: Voluntarily causing hurt, Non Cognizable, Bailable

Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

324: Voluntarily Causing hurt by dangerous weapons or means Cognizable, Non Bailable

Whoever, except in the case provided for by section 334, voluntarily causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

325: Voluntarily Causing Grievous hurt Cognizable, Bailable

Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

336: Wrong Parking Cognizable, Bailable

Whoever does any act so rashly or negligently as to endanger human life or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to two hundred and fifty rupees, or with both.

Read More »

Attached please find complete procedure to file Recovery Application U/s. 101 of MCS Act, 1960. While on the subject, please also study the comparison between Section 101 & Section 91 of MCS Act, 1960. Any one can qualify to become Recovery Agent after studying the above files. There is no need of any lawyer or any formal education.

J.B.Patel (Jeby)
Housing Societies’ Activist
Mobile: 9820538570
FIGHT FOR YOUR RIGHT !

Recovery of Dues Procedure

Case Law

_1__Section_101_vs_91_for_recovery_of_dues

_5__101_-_Defaulters_GR_02.11.2002

_4__101_-_GR_OF_2007_FOR_RECOVERY_Procedure

_3__101_-_Rate_of_fee_payable_on_Recovery_of_dues

Check out HEMANT AGARWAL’s Analysis on the following link:

“SERVICE CHARGES IN CO-OPERATIVE SOCIETY”

• Non-occupancy charges
• Common services
• Jurisdiction
• Criminal Liability of the Society
• Bachelor Tenants
• ………and more

http://hemantagarwal21.blogspot.in/?view=sidebar#!/2013/10/service-charges-in-coop-society.html

Hemant Agarwal
Legal Consultants: 9820174108
http://hemantagarwal21.blogspot.in/?view=sidebar

Article by Adv Hemant Agarwal published in the Sahayak Societies Bulletin – September 2013 issue

Documents required for Flat to be sub-let on Leave and License basic

1. Copy of stamp duty paid and registered Leave & License Agreement
2. Police Verification
3. Form No.27 – Appendix – 27 [Under the Bye-law No. 43(2)(i)]
   A form of application for permission to sub-let, give on leave and license or care-taker basis the flat or part thereof application by member to sub let
4. Form No.11 signed by sub lettee

5. NOC FOR SELL OF THE FLAT OR GIVING ON L & L BASIS:

   Please note that there is NO NEED TO OBTAIN FORMAL NOC from the Society either for sell / transfer or leave and license / care taker basis, but only to submit a Notice of intention in the prescribed form no.20(1) along with Consent of the proposed transferee in the prescribed form no. 20(2), as provided in the bye-law no.38(a) AND Notice of Resignation of Membership of the Society in the prescribed form no.13, as provided in the bye-law no.27(1)(a), in case of sell / transfer and, Application for permission to sub-let, give on leave and license or care-taker basis the flat or part thereof, in the prescribed form no.27, as provided in bye-law no.43(2)(i) along with application for Nominal Membership by the sub-letee or licensee or the caretaker or occupant, in the prescribed form no.11, as provided in the bye-law nos. 20 and 43(2)(ii).

   The Society is required to dispose of the application within the prescribed time limit, as provided in bye-law no.65, i.e. maximum period of three months for grant / transfer of membership and has standard New York Sublets rules for one month for subletting.

   If someone follows the above procedure, but, Society does not grant formal permission, still there is no contravention by the member, on the other hand the Society is at fault, as the applicant members becomes deemed member, as provided in section 22(2). The committee shall be liable for administrative action by the Asst./Dy. Registrar, if a complaint is lodged.

   However, even though the NOC is not required for transfer, if such a certificate is required the Society is required to consider application on merit within one month, as per bye-law no.38(d).

   Nominal Membership charges Rs.100

It is advisable and strongly recommended to take blank dated Repossession Letter from the sub lettee while signing the Agreement. Please refer attached files. 

J.B.Patel – Jeby

Housing Societies’ Activist

9820538570

PG Success Story by Rajiv Patel

Police Order on Prior Info. before Sub letting 01.09.2012 to 30.10.2012

Occupancy Right In Flat Is Equal To Ownership – SC

Sub-letting etc. of Flats

Eviction order after expiry of Leave and Licence period

Eviction of L & L – Sanwarmal Kejriwa Vs. Vishwa Co-operative Housing Society Ltd.——_Final

MCS Bye Law No 38 (ix)
Transfer Order Dated 26.08.2011 issued by Deputy Registrar M Ward under instruction from Lokshahi Din vide letter B/1035.

Courtesy : J.B.Patel – Jeby, Housing Societies’ Activist, 9829538570

_3__MCS_BYE_LAWS_FOR_TRANSFER_OF_SHARES (1)

_1__TRANSFER_FORMALITIES_FOR_A_FLAT

_4__No_Transfer_Fee_from_a_family_member_-_Malini_Shetty__Munjal_Nnagar_-_by_Dep. Registrar