Solid mechanism for Complaint Redressal in Housing Society is very much required for the Societies to sustain and flourish. Although, there are no dearth of such mechanism under law but it seems, week enforcement by the monitoring authority only deepens the problem. As a matter of fact, there are well laid provisions under Maharashtra Co-operative Society Act for the complaint redressal of Housing Societies but the issues are getting complex day by day. Scores of litigation in the Courts bear testimony of this reality. If the expert’s opinions are to be believed, apathy, arrogance and ego prevalent among the members of housing societies which function almost on a self governance model, are the main reasons behind. Below is the relevant part of the model bylaws of Maharashtra Co-Operative housing Society updated in 2014 (Byelaws Nos. 171 to 173 )
Chapter: XIX. REDRESSAL OF MEMBERS COMPLAINTS
171. Member/Members shall submit their complaint application to any of the Office bearers of the Society, in writing, giving thereby the details of the complaint.
172. After receipt of such, complaint application, the committee shall take decision thereof, in the immediate next Managing Committee meeting. Such decision shall be communicated to the concerned Member, within 15 days thereafter.
173. If the Member/Members are not satisfied by the decision of the Committee, or does not receive any communication from the committee within 15 days, the complainant Member may approach below mentioned Competent Authority.
THE REGISTRAR
Complaints to be made to the Registrar. Matters pertaining to following issues:-
i. Registration of Society on Misrepresentation,
ii. Non-issuance of the Share Certificates,
iii. Refusal of Membership,
iv. Non registration of Nomination by the Society,
v. Non-Occupancy charges,
vi. Demand of excess premium for transfers,
vii. Non supply of the copies of record and documents,
viii. Tampering, suppression and destruction of the records of the Society,
ix. Non acceptance of the cheques or any other correspondence by the committee.
x. Non maintenance or incomplete maintenance of records and books of the Society,
xi. Non preparation of the annual accounts/reports, within the prescribed period,
xii. Misappropriation/ Misapplication of the Funds of the Society,
xiii. Defaulter/Disqualified Member on the committee,
xiv. Investment of Funds without prior permission of G.B.M.
xv. Reconciliation of Accounts,
xvi. Audit, Audit Rectification reports.
xvii. Non conducting of election before expiry of the term of the Committee as per law.
xviii. Rejection of Nomination,
xix. Non convening of General Body meetings within prescribed period on or before 30th September of each year
xx Non calling of Managing Committee meeting as prescribed in Bye-laws,
xxi. Resignation by the Committee,
xxii. Any other like matters which falls within jurisdiction of the Registrar.
xxiii. Non filling of Returns and statements.
xxiv. Classification as Active and Non-Active Members
CO-OPERATIVE COURT
Disputes between the Members and/or the Members and Society, which falls under Section 91 of the MCS Act 1960 such as Disputes pertaining to:-
i. Resolutions of the Managing Committee and General Body.
ii. The elections of the Managing Committee, except the Rejection of
iii. Nominations, as provided under section 152-A of the MCS Act 1960.
iii. Repairs, including Major Repairs, Internal Repairs, Leakages,
iv. Parking,
v. Allotment of Flats/Plots,
vi. Escalation of Construction Cost,
vii. Appointment of Developer/Contractor, Architect,
viii. Unequal water-supply,
ix. Excess recovery of dues from the Members,
x. Any other, like, disputes which fall within jurisdiction of the Co-operative Court.
CIVIL COURT
Disputes pertaining to:-
i. Noncompliance of the terms and conditions of the Agreement, by and between the Builder/developer, (specific performance)
ii. Substandard Constructions,
iii. Conveyance Deed in favour of the Society,
iv. Escalation of construction cost,
v. Any other, like, disputes which fall within jurisdiction of the Civil Court.
MUNICIPAL CORPORATION/LOCAL AUTHORITY
Matters pertaining to:-
i. Unauthorized constructions/additions/alterations, made by builder/Member/ occupant of the flat,
ii. Inadequate Water supply to the Society and Members.
iii. Change of use by the Members/occupants,
iv. Building’s structural problems.
v. Any other, like, matters which fall within jurisdiction of the Corporation/ local authority for eg. Property tax, streetlights, garbage, and other civil amenities etc.
POLICE
Matters pertaining to:
i. Nuisance carried by the Unauthorised user of the Flat / Shop / Parking slot / Open space in the Society, by the Members, builder, occupants or any other persons,
ii. Threatening / Assault by or to the Members of the Society and official body.
iii. Any other like matters which fall within jurisdiction of the Police.
GENERAL BODY MEETING
Matters pertaining to:
i. Non maintenance of the property of the Society by the Managing Committee.
ii. Non display of Board of the name of the Society,
iii. Levy of excess Fine, by the Managing Committee for act of the Member which is in violation of the Bye-laws.
iv. Not allowing the authenticated use of the available open spaces of the Society, by the Managing Committee.
v. Non-insuring the property of the Society, by the Managing Committee,
vi. Appointment of Architect,
vii. All other like matters which fall within jurisdiction of the General Body.
Complaints made by the Member Societies of the federation
FEDERATION -DISTRICT / STATE
Matters pertaining to :-
i. Not allowing of the entry to the Secretary of the Society, by the Member.
ii. Non acceptance of any communication by the Member/ Managing Committee.
iii. Convening Special General Body Meeting provided under the Bye-law no. 95 and Managing Committee meeting provided under Bye-law no. 131. As per the directions given by concern Dist/Asst Registrars
iv. All other like matters as per the Byelaws provision of the federation.
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Redressal of Complaints communicated to Society by the Society members has to be undertaken by the Management committee through various instruments provided under bylaws. The Managing committee however in most of the cases seem to be betraying obligations imposed upon them under the MCS Act and its byelaws. Check here as how the Management committee ought to function in contrary to how you find it functioning.