Redressal of complaints in Co-operative Housing Society

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

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

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

XVIII. REDRESSAL OF COMPLAINTS:

Maharashtra Co-operative Societies Bye Laws:

173. Complaint application to be submitted to the society

175.

(A) Complaints to be made to the Registrar

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

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

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

(E) Complaints to be made to the Police

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

(G) Complaints to be made to the Federation

 

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

 

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

 

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

 

(A) ASST. REGISTRAR / DEPUTY REGISTRAR:

 

Matters pertaining to following issues:-

a) Registration of Society on Misrepresentation,

b) Non-issuance of the Share Certificates,

c) Refusal of Membership,

d) Non registration of Nomination by the society,

e) Non Occupancy charges,

f) Demand of excess premium for transfers,

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

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

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

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

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

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

m) Defaulter/Disqualified member on t he committee,

n) Investment of Funds without prior permission,

o) Reconciliation of Accounts,

p) Audit,

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

r) Rejection of Nomination,

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

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

u) Resignation by the Committee,

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

 

(B) CO-OPERATIVE COURT:

 

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

a) Resolutions of the Managing Committee and General Body.

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

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

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

d) Parking,

e) Allotment of Flats/Plots,

f) Escalation of construction cost,

g) Appointment of Developer/ Contractor, Architect,

h) Unequal water-supply,

i) Excess recovery of dues from the members,

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

 

(C) CIVIL COURT:

 

Disputes pertaining to: – Complaints to be

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

b) Substandard Constructions,

c) Conveyance,

d) Escalation of construction cost,

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

 

(D) CORPORATION / LOCAL AUTHORITY:

 

Matters pertaining to:-

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

b) Inadequate Water supply to the society,

c) Change of use by the members/occupants.

d) Building’s structural problems.

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

 

(E) POLICE:

 

Matters pertaining to:-

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

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

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

 

(F) GENERAL BODY:

 

Matters pertaining to:-

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

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

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

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

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

f) Appointment of Architect,

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

 

(G) FEDERATION:

 

Matters pertaining to:-

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

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

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

d) All other like matters.

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

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Four golden rules for writing effective RTI Applications

 

*Four golden rules for writing effective RTI Applications*

Dear fellow Activists,

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

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

While asking for information, the 4 golden rules are:

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

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

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

4. Avoid vague expressions and requests such as

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

Prepared by
Shri Sailesh Gandhi
Central Information Commissioner

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

 

Right Choice – Consumer Magazine

 

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Supreme Court Order: Sahara unmasked

Regulatory Inaction
Until SEBI acted on Roshan Lal’s complaint to go after Sahara’s humongous, non-transparent fund-raising, every regulator had fallen silent after a cursory investigation. Court documents show that the massive Rs17,400 crore raised by Sahara India Real Estate Corporation and Sahara Housing Investment Corporation (Saharas) was coolly being funnelled into M/s Sahara India—a registered partnership firm of the promoters. Did our tax sleuths investigate how this large sum was deployed? Isn’t it curious that the Sahara Pariwar does not figure among India’s highest taxpayers, but its advertisement titled “Emotionally Speaking” claims that the Income Tax department is holding back a massive Rs2,000 crore in refunds? Is this even true?

Why don’t government watchdogs bark about Sahara? This too came out in the litigation, in a very positive way. A strong affidavit by Sanjay Shorey, joint director in the ministry of corporate affairs (MCA), exposed how Sahara had been manipulating the ROC, Kanpur, to back its dubious claims through sworn affidavits before the Allahabad high court. MCA’s affidavit, which Arvind Datar considers a turning point in the case, backed SEBI’s action to the hilt and strongly refuted its own ROC’s claims.

Silencing the Media
With the media spewing information about bigger scams (coal, iron ore, telecom) everyday, it seems contradictory to say that they are reticent about Sahara. So how does one explain the fact that no television channel debated the path-breaking SC judgement? Sahara’s belligerent full-page advertisements in the press and lavish commercials are a large enough source of revenue to silence many media houses. The galaxy of top lawyers hired to defend its bizarre claims and audacious obfuscation even before the apex court and limitless funds for litigation are other deterrents. That is probably why mainstream media have never questioned Sahara’s endless money supply.

Click Here for the full story in MoneyLife