Objective of Sahakar Samvad Portal

Sahakar Samvad, an initiative by The Maharashtra State Co-operative Housing Federation Ltd., is a dedicated online platform designed to address grievances within the co-operative housing societies of Maharashtra. Our primary objective is to establish a seamless and transparent mechanism through which members, prospective members, and other stakeholders can raise their concerns related to matters falling within the jurisdiction of the Registrar of Co-operative Housing Societies..

Key Features:

Grievance Submission: Sahakar Samvad allows easy and convenient submission of grievances by any member or prospective member of a co-operative housing society. Individuals can provide comprehensive details of their complaint within a concise 200-word description or upload relevant documents up to 1 MB, ensuring clarity and effective understanding of the issue at hand.

Charges and Utilization: A nominal fee of ₹50 is applicable for filing each complaint. The charges collected from members will be utilized for the maintenance and updates of the portal and for providing training and education to members of cooperative housing societies exclusively.

Empowering Co-operative Education: The funds collected through the grievance posting charges will also be utilized to provide co-operative education and training exclusively to the members of housing cooperatives. These educational programs will aim to enhance members’ understanding of the Maharashtra Co-operative Societies Act, 1960, Rules, Byelaws, and other relevant regulations.

Effective Redirection and Monitoring: Once a complaint is submitted on Sahakar Samvad, it will be automatically directed to the concerned Joint/Deputy/Assistant Registrar of Co-operative Societies. Controlling concerned higher officers will actively monitor the complaints, ensuring timely and appropriate actions are taken in response.

Transparent Tracking: Complainants can easily track the status of their grievances at any time, promoting transparency and accountability in the grievance resolution process.

Support from District Federations: District Federations of co-operative housing societies will actively collaborate with Sahakar Samvad. They will provide guidance, support, and essential training to housing societies as required, with the ultimate goal of reducing grievances and fostering a cooperative living environment.

Promoting Co-operative Spirit: Sahakar Samvad will not only serve as a grievance resolution platform but also function as a comprehensive resource hub for co- operative education. It will provide valuable information on co-operative principles, empowering members with knowledge to strengthen their understanding of the co- operative movement.

Our vision for Sahakar Samvad is to build a resilient and united co-operative community that thrives on mutual cooperation, informed decision-making, and effective dispute resolution. By utilizing the grievance posting charges for portal maintenance and educational initiatives, we aim to create a sustainable and self- sufficient platform that benefits the entire cooperative housing society ecosystem in Maharashtra.

Together, we envision a future of harmonious co-operative living in a better and inclusive environment

Redressal Process

A member can submit application of written complaint to any member of the office bearer. After receiving the complaint, the committee will take decision on it in its immediate meeting and thereafter that decision will be communicated to the concerned member within 15 days.

If the concerned member was not satisfied on the decision communicated by the committee, or no contact was made by the committee within 15 days in this regard, then the member of the committee can contact to the complaint redressal committee formed by the Annual General Body Meeting. If a member is not satisfied with composition and powers of such committee, then the complainant member can contact the authorized officers as per nature of the complaint.

To Registrar –

• Registration of Society on misrepresentation
• Non-issuance of the Share Certificates.
• Refusal of Membership.
• No registration of nomination by the society.
• Non-Occupancy charges.
• Demand of excess premium for transfers.
• Non supply of copies of the record and documents.
• Tampering, suppression and destruction of the records of the Society.
• Non acceptance of the cheques or any other correspondence by the committee.
• Non preparation of the annual accounts/reports, within the prescribed period;
• Misappropriation/Misapplication of the funds of the society.
• Investment of funds without prior permission.
• Reconciliation of account.
• Audit
• Non conducting of election before expiry of the term of the committee.
• Rejection of Nomination.
• Non calling of general body meeting within prescribed period.
• Not calling of Managing Committee as prescribed in laws.
• Resignation of the committee.
• Any other, like matters which falls within jurisdiction of the Registrar.

Once online filed your complaint will be directed to the concerned Joint/Deputy/ Assistant Registrar of Co-operative Societies for action and resolution. Rest assured that all complaints will be tracked, monitored, and confirmed by controlling officers to ensure timely action.

Use the “Track Your Complaint” section to monitor the status and progress of your filed complaint. Access real-time updates on the actions taken by the concerned authorities.

A nominal fee of ₹50 is applicable for filing each complaint. The charges collected from members will be utilized for the maintenance and updates of the portal and for providing training and education to members of cooperative housing societies exclusively.

https://sahakarsamvadhousingfed.in/

The latest Bombay High Court Judgement draws a distinction between what is irregular and what is illegal. What is irregular can be regularised while what is illegal cannot be.

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Will is more important than ‘nominee’

Adv. Rohit Erande

Inheritance Law or Nomination

The question always arises whether there is a ‘nominee’ (nominee) owner in house, land, shares, funds, banks. A ‘nominee’ is merely a trustee or is called a ‘caretaker’ or ‘temporary trustee’. The Bombay High Court has time and again held that nomination is not the third law of succession along with Will and Succession Act. However, disputes in this context are still fought in court.

Against this backdrop, the Bombay High Court has once again clarified the law in this context by giving an important judgment in the case of “Karan Khandelwal v. Vaikunth Co-operative Society” last month. It will benefit the society and the members.

Let’s briefly look at the background of this case. Mannalal Khandelwal was the owner of flat number one. He named his grandson (petitioner) as ‘nominee’ in 2004. This application was accepted by the society and filed in the register. Original member Mannalal Khandelwal died in January 2011. He had not made any will. At the time of his death he had three heirs viz., two sons (respondents) and the son of the pre-deceased son i.e. grandson. The society admitted the names of the petitioners as members on the basis of earlier ‘nomination’. But the uncle of the petitioners applied to the society for membership and ownership of his two-thirds undivided share. However, the society rejected the application and the matter went to the Deputy Registrar. As these heirs have two-thirds of the inheritance rights, the Sub-Registrar ordered the same to be entered in the membership records in proportion to the ownership rights of each inheritance. Finally the case reached the High Court.

The High Court heard the arguments of both the sides and considered the law and previous judgments on the matter and gave the result. For this, the famous judgment of the Supreme Court in 2016 ‘Indrani Wahi v Society Registrar West Bengal’ was taken as a basis. In it, the Supreme Court while simplifying the work of the societies has mentioned that, ‘After the death of the original member, not the society has the right to decide the heir, but only the court. Society should transfer shares only in favor of ‘nominee’ person. The other heirs should go to the competent court and determine the right of ownership.’ In this background, the gist of the judgment given by the High Court is as follows.

■ It is necessary for the society to grant membership as per ‘nomination’ made by the original member. ‘Membership’ and ‘ownership rights’ are two different things and this has been held by the courts time and again. The member has the right to appoint a ‘nominee’. So a legal heir may be designated as a ‘nominee’, but a nominated ‘nominee’ is not necessarily a legal heir.

■ Disputes regarding ‘nominees’ or heirs should be resolved by the concerned persons in a competent court.

■ As per the new provision in Section 154 (B) 13 as amended in the Co-operative Act from 9th March 2019, after the death of a member, through will, inheritance rights certificate, family arrangement or ‘by nomination’ and in the absence of ‘nomination’, the person who appears to be the heir. Names can be subscribed. However, if any dispute arises between the heirs, the nominees can be given provisional membership until the names of the other heirs established by the court are filed. A new provision for provisional membership appears to have been introduced by this amendment. The same provision further states that if a member has not made a ‘nomination’, the society committee may, after due process, grant such provisional membership to a person who, in their discretion and opinion, may be the legal heir.

■ Other heirs competent by giving such judgment

Ordered to give temporary membership to the petitioner ‘nominees’ till the inheritance certificate is brought from the court. So once again ‘nominee is not the owner and after the death of the original member the ownership right in the property vests in his heirs first through will and in the absence of the right of inheritance.

(The author is a legal expert)

Judgement dt 2022-11-10 Bombay High Court.
The fallout of this is that sale of property can be done only by lawful owner, established by a competant court, and not by mere nominee.

https://indiankanoon.org/doc/164960684/

Pune court stays society resolution banning owners from giving flats on rent to students

ByNadeem Inamdar

Jul 18, 2023 12:40 AM IST

The court ruling came when it was hearing a case between Swapnil Arthamwar versus Vanraj Cooperative Housing Society

In a ruling that could benefit many students who seek flats to stay and pursue education in the city, a co-operative court in Pune has stayed a resolution passed by a residential society which had made it binding for a flat owner to seek written permission from the society management before renting out the flat to a student. The court in its order issued on July 6, although it was made available this week, termed the action by the housing society in Pune as “illegal” to prohibit renting out flats to students.

The court in its order issued on July 6, although it was made available this week, termed the action by the housing society in Pune as “illegal” to prohibit renting out flats to students. (REPRESENTATIVE PHOTO)

The court ruling came when it was hearing a case between Swapnil Arthamwar versus Vanraj Cooperative Housing Society. Arthamwar had approached the court seeking temporary injunction against the housing society to restrain it from execution and implementation of a resolution passed in the annual general meeting (AGM) during July 2022 that barred petitioner from renting out flat to students.

Co-operative Court Judge AS Wanve in the judgement stated that Maharashtra Co-operative Societies (MCS) Act, 1960, MCS Rules 1961 and bye-laws of society does not give any power to housing society to decide who will be tenant in its building. The court observed that the residential society has no power to ban a particular person or group of persons to be tenant in its building.

“The resolution No. 8 passed in Annual General Meeting dated 17/07/2020 is prima facie illegal, and the opponent society is not permitted to pass any resolution which is not in consonance with its bye-laws and the existing laws. The opponent society is not permitted to impose reasonable restrictions upon the minority member on the strength of majority,” stated Wanve in his judgement.

The court while staying the society rule till it issues a final order gave reference of late Prime Minister Pandit Jawaharlal Nehru who gave Pune the sobriquet of Oxford of the East during his visit to the city. “It is no doubt true that Pune is the city of knowledge and in view of this many students from all over India came to Pune for learning and education. In order to get education in Pune, accommodation is required for such students and if all co-operative housing societies prevent their members to give flats to students on rent then the purpose of the city of knowledge will not be served.” the court observed.

The housing society in its argument had submitted that there are a few members like disputants (petitioner), who are not residing in society but using their flats for commercial purposes by letting it out to outsiders particularly for the occupation by a group i.e. minimum 4-5 students for commercial gains.

The occupation of students in respective flats is otherwise illegal and contrary to the provision of bye-laws of the opponent society, said the housing society in its argument. It had further submitted that even though it is mandatory for flat owners to give details of tenants who occupy the flat, including Aadhaar Card, most of the disputants fail to do so even after demanding for the same by the manager of the society, thereby put the residential society at security risk.

The court, however, observed that, “The opponent society by giving individual notice November 22, 2022, has peremptorily instructed concerned flat holders/disputants that they cannot exploit the prime and peaceful situation of the society for fabulous commercial gain. Such an act is contrary to the co-operative principles and encroaches upon the civil rights of the members and residents in the society.”

https://www.hindustantimes.com/cities/pune-news/pune-court-stays-society-resolution-banning-owners-from-giving-flats-on-rent-to-students-101689621027518.html