Moneylife Events
Cooperative Housing Society Issues: Your Rights & Remedies

Moneylife Foundation held yet another event for its members, where Vinod Sampat addressed queries on the vexing issues concerning Cooperative Housing Societies in Mumbai

With the recent Campa Cola episode, Moneylife Foundation has been receiving huge request from its members to conduct seminars relating to realty issues and issues relating to cooperative housing societies (CHS). After many such successful events in the past Moneylife Foundation conducted another workshop on issues related to CHS. Advocate Vinod Sampat, an expert in CHS matters, in association with Moneylife Foundation, spoke extensively on co-operative housing society issues, member’s rights & remedies available.

“Common issues in any CHS can be resolved by discussion. If this does not solve the issue, the complainant may have to raise it to appropriate authorities, like municipal corporation, deputy registrar for cooperatives, consumer court and police,” explained Mr Sampat to a packed audience. Many residents are not familiar with the workings of the CHS, and are left confused while dealing with a variety of civic and legal compliances. Mr Sampat went on to speak on several issues like when conveyance is not obtained by society, occupation certificate not handed over by the builder, building completion certificate not handed over and many such issues involving the builder and society. He specifically mentioned that affected members should approach consumer courts before the regulatory act is enacted, which is all in favour of builders. He said one should claim heavy damages and file criminal complaint against builders.

Sometimes, there are infractions between housing societies and individual apartment owners, as well as outsiders. However, many individual apartment owners are at a loss as far as grievance is concerned and do not know how to proceed with their complaint. There are several issues in a CHS, like car parking, leakages, fraudulent auditing, unauthorised construction, and many other issues. Home owners need to know the right recourse to take action to ensure that their rights are maintained and upheld.

He further spoke on conveyance and re-development. He said, “Unfortunately, the real estate sector is unregulated, and few people have knowledge about its various laws. And even fewer can stand up to the powerful builders’ lobby.” The recent Campa Cola episode shows that co-operative housing societies must exercise due caution, when it comes to maintaining and ensuring that their buildings comply with the law.

As per the provisions of section 11 of the Maharashtra Ownerships Flats Act (MOFA), the promoter is duty-bound to complete his title and convey the same to the organisation of persons who had bought the flat (i.e. cooperative society, CHS, home buyer, apartment owner, etc). The conveyance has to be executed and the promoter or builder has to deliver the title relating to the property. It is also the duty of the promoter to file a copy of the conveyance with the flat purchasers and the competent authority under section 11(2).

Mr Sampat also offered tips to the audience on selecting developers for redevelopment projects. He insisted that the process should be transparent, and advised that members should have legal and technical consultants to interact with the builder. Also, it is important to check the builder’s credentials and financial conditions.


Read more on CHS and important points to consider before buying a home:

Cooperative housing societies: Common issues and solutions

How to buy home or flat in Mumbai safely and smartly

Home buyers’ checklist while dealing with the builder, developer

Deemed conveyance: Who is responsible, CHS or the builder?


Those seeking help or advice on CHS issues can contact
Moneylife Foundation’s Legal Resource Centre (LRC) ( )



nagesh kini

3 years ago

In his otherwise great talk on CHS issues, Adv. Sampat's snide remarks on elders/senior citizens were certainly unwarranted more particularly when the majority of the participants were elders. They do not go well.

Mr. Samat needs to provide the age profiles of the managing committee members of CHS and NGOs to acertain the numbers.

Experience shows that the youngsters do not come forward saying that "they are too busy" naturally it falls to the lot of the elders to step by default rather let the institution go to the dogs.

In public bodies the elders are certainly treated with much more respect and dignity in attending to the societal concerns. The youngsters not only throw their weight around but tend to pressurise the babus by throwing about big names.

Over to the elders and youngsters for their response.
It must be conceded that the 60+ have more exposure to ground realities much than the brash kal-ka-bachas!


nagesh kini

In Reply to nagesh kini 3 years ago

para 2 please read "Sampat" for "Samat".

Sensex, Nifty struggle for direction through week, move sideways and end weak

The bulls battled in first half of the week, while bears took the upper hand in the end. The strong trend is missing and it is a sideways market. Expect uncertainty to continue, with bouts of volatility

Last week, we had suggested that NSE Nifty may put in a small rally but may again head lower given strong macro headwinds. This is what happened. The BSE 30-share Sensex fell 182 points (or 0.89%) to close the week at 20,217.39, while the Nifty closed at 5995.45, down 60.70 points (or 1.00%).

Initially, the markets looked like it was headed for a winning streak, after moving up for 3-consecutive trading sessions starting 14th November. However, the streak was broken decisively on Wednesday. Overall, it has been a weak week.

On Monday, the trading session staged a massive rally following a strong US market a stronger rupee, various speeches by the RBI governor and the finance minister over the weekend and unveiling of China’s 10-year economic plan (in which liberalisation is in the cards).

However, on Tuesday there was no follow through to the Monday’s strong session. Bulls hungrily bought the dip and pushed the market higher again. The entire trading session was characterised by small moves up and down. There was not much news, except investment houses, like CLSA, being bearish on India’s economic prospects unless the government implements economic reforms.

Wednesday’s highlight was that a massive selling took place at the fag end, destroying the confidence of the bulls. The Sensex fell 300 points in a matter of one hour, the highest fall since 30 September 2013. This was a signal that the upcoming sessions would be weak and markets would fall.

Indeed, the weakness continued, with Thursday’s session extending Wednesday’s losses. The markets fell sharply, erasing in just two days, all the gains made since last week’s Thursday (i.e. since 14 November 2013). After a huge opening decline, broad-based weakness dragged the markets down, in a steady declining downtrend, without any fight back from the bulls, throughout the day.

Friday’s session was interesting. The markets had a spirited opening, in the green, with sustained strength through the day, before a dramatic sell off during late afternoon, through the end, erased all the gains made during the day. NSE volumes fell to just 49.43 lakh shares, showing that bears may have had their fill, allowing for a weak rally next week.

Among the 1,266 shares that traded on the NSE this week, 578 rose, 645 fell and 43 remained unchanged.

Among the other indices on the NSE, the top two indices were Realty (0.60%) and Infrastructure (0.25%) while the top two losers were Pharmaceuticals (-2%) and Media (-5%).

Among the Nifty stocks the top five gainers were Tata Steel (5%); Jindal Steel (4%); Cairn India (3%); ONGC (3%) and Hindalco Industries (3%), while the top five losers were Sesa Sterlite (-9%); Bajaj Auto (-7%); Cipla (-4%); Sun Pharmaceuticals (-4%) and Hero MotoCorp (-4%).


Out of the 27 main sectors tracked by Moneylife, top five and the bottom five sectors were:


Top ML sectors


Worst ML sectors








Non-Ferrous metals


Oil & Gas




Consumer durables


Foods & Beverages








Railway Police abuse physically disabled senior citizen at Lonavala

Railway police allegedly abused one disabled senior citizen at Lonavala station and did not even register his FIR against their colleagues. In addition, they repeatedly called this senior citizen from Mumbai to Pune at his own cost

Railway police have allegedly abused a Mumbai-based physically challenged senior citizen at Lonavala station and also refused to record his first information report (FIR) against their colleagues.

This 64-year old was abused by two Railway police while waiting to catch a train to Mumbai on the night of 8 October 2013. After asking some questions, these police dragged the senior citizen under a dimly lit bridge and thrashed him. They even asked the physically challenged to remove his clothes.

Somehow, the senior citizen managed to escape from there. After returning to Mumbai, he sent a complaint to additional director general of government railway police (GRP) on 14 October 2013. The GRP then asked him to be present at Pune on 1 November 2013 to identify the two police who allegedly abused him. He went there and identified one police, who slapped and ill-treated him from the three police presented before him.

He was again called on 8th November at Pune for enquiry. However, after going there, he was told that there no enquiry officer available on that day and he would be called later.

The senior citizen then shared this incident and his visits to Pune with a retired director general of police (DG) as well as a former member of Maharashtra State Human Rights Commission (MSHRC). The DG, after discussing this matter with railway activist Samir Zaveri, advised the senior citizen to take help from  Moneylife Foundation’s Samir Zaveri Railway Helpline.

Samir helped the senior citizen in drafting and sending a letter to police and Railway authorities and expect some action against the police personnel soon.


However, this shows highlights the apathy of railway police, especially towards senior citizens and physically challenged people. Even after complaining, the progress in the matter so far was very slow, police were not registering FIR and repeatedly asking complainant to appear for probe at his cost and time from Mumbai to Pune.


To get free guidance and know more about free of cost Railway helpline visit, Moneylife foundation’s Samir Zaveri Railway Helpline


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