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 