By Legal Cell
District Deputy Registrar Co-op. Societies Western Suburbs Mumbai
For specific complaints the forum to be addressed are as follows:
- Members shall submit their complaints application to any of the office bearers of the society, in writing, giving thereby the details of the complaint.
- After receipt of such complaint applicant, the committee shall take decision thereon, in the next Managing Committee meeting. Such decision shall be communicated to the concerned member, within 15 days thereafter.
- If the complaining member is not satisfied by the decision of the Committee, or does not receive any communication from the committee within the time specified above, he may approach the Competent Authorities depending upon the nature of the complaints, as enumerated below-
- REGISTRAR
Matters pertaining to following issues:-
- Registration of society on Misrepresentation.
- Non-issuance of the Share Certification.
- Refusal of Membership.
- Non registration of Nomination by the society.
- Non Occupancy charges.
- Demand of excess premium for transfers.
- Non supply of the copies of record and documents.
- Tempering, suppression and destruction of the records of the society.
- Non acceptance of the cheques or any other correspondence by the committee.
- Non maintenance or incomplete maintenance of records and books of the society.
- Non preparation of the annual accounts/reports, within the prescribed period.
- Misappropriation/Misapplication of the funds of the society.
- Defaulter/Disqualified member on the committee.
- Investment of Funds without prior permission.
- Reconciliation of Accounts.
- Non conducting of election before expiry of the term of the committee.
- Rejection of Nomination
- Non calling of General Body meetings within prescribed period.
- Non calling of Managing Committee as prescribed in Bye-laws.
- Resignation by the Committee.
- Any other like matters falls within jurisdiction of the Registrar.
- B) CO-OPERATIVE COURT
Disputes between the members and/or the members and society, which falls under Section 91 of the Act, Such as:-
Disputes pertaining to:-
- Resolutions of the Managing Committee and General Body.
- The elections of the Managing Committee, except the Rejection of Nomination, as provided under section 152-A of the Act.
- Repairs including Major Repairs, internal repairs, leakages
- Allotment of Flats/Plots.
- Escalation of construction cost.
- Appointment of Developer/Contractor, Architect.
- Unequal water supply
- Any other, like, disputes which falls within jurisdiction of the Co-operative Court.
- C) CIVIL COURT
Disputes pertaining to:-
- Non compliance of the terms and conditions of the Agreements of the Agreement, by and between the Builder/developer.
- Substandard Construction Cost.
- Escalation of construction Cost.
- Any other like disputes which falls within jurisdiction of the Civil Court.
- D) CORPORATION /LOCAL AUTHORITY.
Matters pertaining to:-
- Unauthorized Construction addition/alternations, made by builder/member occupant of the flat.
- Inadequate water supply to the society.
- Change of use by the member/occupants.
- Any other, like, matters which falls within jurisdiction of the corporation of the local authority.
- E) POLICE
Matters pertaining to:-
- Nuisance carried by the unauthorized use of the flat/shop/parking space/open space of the society, by the members, builder or any other persons.
- Threatening/assaults by or to the members of the society.
- Any other, like, matters which falls within jurisdiction of the corporation of the police.
- F) GENERAL BODY
Matters pertaining to:-
- Non maintenance of the property of the society by the managing committee.
- Non display of board of the name of the society.
- Levy of excess Fine, by the managing committee for act of the member which is in violation of the Bye-laws.
- Non allowing the authenticated use of the available open spaces of the society, by the managing committee.
- Non Insuring the property of the society, by the managing committee.
- Appointment of Architect.
- All other, like, matters which falls within jurisdiction of the General body.
- G) FEDERATION
- Non allowing of the entry to the secretary of the society, by the member.
- Non-acceptance of any communication by the member/managing committee.
- All other like matters.
- Calling of a committee meeting S.G.M., Bye-law No.133.