Cooperative housing societies: Common issues and solutions

Common issues in any cooperative housing societies or 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

The recent Campa Cola episode shows that co-operative housing societies (CHS) must exercise due caution, when it comes to maintaining and ensuring that their buildings comply with the law. 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 (ala Campa Cola), and many other issues. Home owners need to know the right recourse to take action to ensure that their rights are maintained and upheld. Advocate Vinod Sampat who is the speaker at a seminar being hosted by Moneylife Foundation has given a brief of what you should do when you encounter various problems.
 

Register for the Moneylife Foundation Event by Vinod Sampat over here:
 

Some of the common problems related to co-operative societies and the solution to the same are produced as under
 

 

Problem

Suggestion Solution

A

AGAINST BUILDERS (ACT FAST BEFORE NEW ACT IS INTRODUCED!)

1

Sale of open parking space by builder, sale of pocket terrace by builder, not executing the conveyance, not giving statement of accounts, not obtaining occupation certificate, not obtaining building completion certificate, not handing over original documents of title of the property, not transferring the property card in favour of the legal entity

a) Approach Consumer Court for deficiency of service;

 

b) Approach the criminal court for cheating, criminal breach of trust, mischief, violations of the provisions of Sec. 11 & 13 of MOF Act;

 

c) Lodge  complaint  with  ULC  Department  as undertakings are given that conveyance will be executed within a stipulated period of time at the time of release of the plot from ULC;

 

d) Lodge complaint with ISO authorities if the builder has got an ISO certificate;

 

e) Lodge complaint with SEBI if the builder is going for a public issue and has not made the disclosures in the prospectus;

 

f)  Lodge complaint with BMC to black list the builder;

 

g) Lodge complaint with police seeking permission to take out morcha by peaceful means to protest against the acts of the builder.

2

Builder  not  sharing  the  amounts received from allotment of hoardings, installation of mobile tower on the societies terrace

a) Approach the consumer courts for deficiency of service;

 

b) Request police authorities to file an FIR;

 

c) Approach city civil court;

 

d) Approach High Court.

3

Builders developing adjacent plot and apprehension  is  there  that  the FSI/TDR of the society is being used

a) Write letters to BMC objecting to the same;

 

b) File a suit in High Court/ city civil court/ consumer courts praying for an injunction restraining the builder from utilizing the FSI/TDR of the plot of land for which the society has already been formed.

B

CO-OPERATIVE SOCIETY

1

Society not allowing visitors to park their vehicles in the building premises

a) Approach the police authorities stating that there is violation of the provisions of Table 15 READ WITH Regulation 36 of the Development Control Rules, read with Regulation 36 which stipulates that 10% (now 25%) of the parking space has to be kept vacant for the visitors;

 

b) Lodge a complaint with Bombay Municipal Corporation requesting the Corporation to cancel the occupation certificate as the terms and conditions pertaining to IOD have been violated.

2


Society not allotting car parking space to members

a) Draw the attention to the provisions of Table 15 Regulation 36 of Development Control Rules of Greater Mumbai;

 

b) Approach Consumer Forum for deficiency of service;

 

c) Approach Co-operative Court;

 

d) Approach Registrar’s office;

 

e) Note if you have other like minded members who are deprived of parking one each can approach different authorities;

 

f)  It will not make difference if the builder has sold car parking space to some other flat purchasers.

3

Co-operative Housing Society collecting exorbitant amounts at the time of transfer of flat, collecting exorbitant amount towards non occupancy charges

a) Approach consumer court for deficiency in service;

 

b) Approach police station for extortion, mischief against all the members of the managing committee with a specific request to lodge a First Information Report (FIR);

 

c) Approach metropolitan magistrates court;

 

d) Lodge complaint against auditor for professional misconduct.

4

a) Managing committee members not  issuing share certificate to members;

 

b) Co-operative Housing Society not taking action against the members of the managing committee who have misused the funds of the society;

 

c) Co-operative Housing Society not taking action against defaulters who are managing committee members

a) Approach Consumer Forum against society;

 

b) Approach Co-operative Court;

 

c) Approach the office of the registrar to remove the managing committee members;

 

d) If more complainants are there they can approach different authorities.

5

Co-operative Housing Society and its members employing minors

a) Lodge complaint for violations of Juvenile Workers Act, 1986, Bye law No 161(C), stipulates a punishment up to one year imprisonment and/or fine up to Rs20,000

 

b) Lodge complaint with labour & police authorities

C

CRITICS CORNER

1

Office bearers behaving as dictators.

Some members are having parties and disturbing the peace in the building

To lodge complaints with the registrar of co-operative societies, approach co-operative court or consumer forum;

 

For certain matters contact police authorities

2

Co-operative Housing Society not taking action against unauthorised construction

Lodge complaint with Bombay Municipal Corporation (BMC) for unauthorised construction

3

Co-operative Housing Society not responding to queries as regards payment of service tax

Do the correspondence with service tax department

4

Co-operative Housing Society not maintaining fire fighting equipments

As per section 3(1) Maharashtra Fire Prevention and Life Safety Measures Act 2006 read with rule 4(2) Maharashtra Fire Prevention and Life Safety Measures

Rules every society having a building of ground plus four floors and above have to submit / arrange to submit every half yearly a certificate to the fire authorities. I would like to have a copy of the same at my cost for the last three years. Take up such matters with fire authorities.

5

Co-operative Housing Society not showing records related to

various expenses being incurred by the society

Draw the attention of office bearers to the circular dated 10/3/1995 issued by co operative department.

6

Complaint  against  chartered accountant who has audited the accounts of the society

Write to Institute of Chartered Accountants of India highlighting provisions of act, rules and bye laws; Example: Exorbitant amount collected as donation, security not given by persons handling cash. Rule 107-B.

 

Money collected for car parking deposit, amounts of some members waived off, legal expenses recovered from only some members + action at consumer forum.

7

Complaint against auditor on the panel of registrar

Request the authorities to take disciplinary action against the auditor;

 

Request the authorities to remove the name of the auditor from the panel of auditors;

 

If it is a case of negligence approach the consumer forum for the losses caused with a prayer to recover the same from the auditor;

 

File criminal case. In our view permission to file criminal case from government authorities is required only if the person is appointed by the government;

 

If the employee is appointed by the head of the state then permission is not required.

8

Complaint against government officers for not giving the proper information

 

Always keep camera spy pen with you. It is not known when it can come handy

Approach the higher authorities;

 

Ask for the actions initiated against him in his earlier postings;

 

Ask the pending departmental proceedings going against him as of date;

 

Here RTI Act can be of help to you.

D

COURT MATTERS

1

Government officer not passing the order after the matter is kept closed for order.

 

 

Politely state that the judgment in the case has been reserved since a long time. Order XX Rule 1 of Code of Civil Procedure Code, 1908 fixes a model Time Limit of 30 for pronouncement of Judgment. Therefore please pronounce the judgment at an early date and do the real justice since ‘Justice Delayed is Justice Denied’ (You may also ask for all orders being passed by the said quasi judicial authority)

2

No track record as to the court case

Insist on roznamas of all the dates of the hearing

3

Reply received from advocates that

court is not sitting

Tell the advocate to take up the matter with the judge; who has got additional charge of the said court.

4

How to speed up court case

 

 

If you are a senior citizen you have a right to request the court to take up the matter for expeditious hearings in the light of the high court circular dated 3/08/2009. If a long date is given insist for a shorter date;

 

You can approach the higher court for directions to expedite the court case if there is urgency in the matter. File miscellaneous applications to get the necessary information.

5

How to protect ones interest in matters where there is possibility of litigation.

 

ALWAYS  CARRY  LATEST GADGETS AND RECORD

Use modern technologies like Google search and ask for help;

 

Tell your advocate to pray for ad interim injunction;

 

Tell the court for the appointment of court commissioner.

E

Right to Information -RTI

1

Despite writing no action is being initiated by government officers

Make an application under the Right to Information Act (RTI) to the public information officer.

2

Evasive replies are given by the public information officer. 4578 illegal cell towers in Mumbai. Action taken big zero. If a common man breaks the law will the BMC be lenient. What was our sleeping giant doing when such towers were installed? Why are criminal cases not being filed by BMC suo moto?

File an appeal. You may also file another application with the public information officer asking for information which may include copies of all the registers being maintained by the office, when the said registers are being updated, details of the registers which are incomplete, number of files in the office which are misplaced, not traceable, number of letters received per month by the office, details of the number of matters disposed of within one week, inspection of the files with specific reference to the files of the matters disposed of within one week. If you have asked for documents like certified true copy you can also approach the consumer forum as you are a consumer;

 

To put pressure you can tell your relative at say Gujarat to file a complaint from Gujarat in Gujarati. Section 11(c ) of the Consumer Protection Act, which stipulates that a case can be registered where the cause of action wholly or in part arises. (Samajnewale ko ishara kafi hai);

 

Ask for inspection and reply given to RTI queries in the last six months.

3

Society not getting copy of building plan

Write to the Bombay Municipal Corporation (BMC) authorities asking for the necessary information using  the Right to Information (RTI) act;

 

Also approach consumer forum for deficiency of services.

F

Police-related matters

 

Police not taking steps to lodge an FIR in case of a cognisable offence

Approach the magistrate u/s 154 of Criminal Procedure Code (CPC) to direct the police officers to register an FIR.

G

How to draft complaint letters

 

 

Letter to Co-operative Society/ Government authorities.

 

 

Address to society, managing committee members and various government authorities;

 

Follow up with email to various government authorities;

 

Take up the matter on Lokshahi Din;

 

Just do not stick to one subject. Highlight all the wrong things done in the society;

 

Dramatise the facts; For eg: Say that the collective value of the property is approx Rs50 crore. If it is government department like BMS say that the yearly budget is Rs2,800 crore and the same is not properly utilised. Ask for information which will result in time being spent by the opposite party which information may not be very important for you;

 

Highlight instances of corruption, inefficiency pointed out by government authorities eg. Anti corruption bureau, comptroller and auditor general;

 

Request the government authorities to download the orders as is stipulated in Right to Information act. It is common knowledge that authorities do not do all their jobs as per provisions of all in all cases, follow up with Right to Information application if the matter pertains to government department.

 

LASTLY reserve your right to take action as per due process of law.

H

Action against auditors

 

 

 

Stay tuned for the 2nd part which will be published tomorrow in the run up to Vinod Sampat’s seminar.

 

NOTE:
Those seeking help or advice on CHS issues can contact Moneylife Foundation’s Legal Resource Centre (LRC) ( http://moneylife.in/lrc.html )

 

(Adv Vinod Sampat is a practising lawyer since past 28 years. He has authored several articles on property-related matters and written 46 books on cooperative societies, transfer of flats, recovery of dues, registration and stamp duty matters. He has been an Hon. Patron member of the Estate Agents Association of India. He is also the Hon. Advisor of the Federation of Accommodation Industry of India and is an advisor to the Maharashtra Chamber of Housing Industry as well as the Federation of Accommodation Industry in India, apart from being part of many committees and winning several honours.)

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COMMENTS

Balraj Shetye

2 months ago

Hi,
Our society managing committee body election is skipped for 21 months and old body is still holding the office. Please guide us what should be done in this matter. Is there any way to regularize it.

Albert

2 months ago

Hi
I am residing in a redevelopment society in Mumbai which was registered in 2010. Till date the Secretary/Chairman are not issuing us the share certificate.
Also my other fear is can our society be registered without executing the Lease Deed with BMC.
Please advise what course of action to be initiated against the Secretary and Chairman.
Thank you

REPLY

Sucheta Dalal

In Reply to Albert 2 months ago

as mentioned below: You need to file your query to http://moneylife.in/lrc.html or meet out expert on Tuesday between 4pm to 7pm at Moneylife Foundation's office in Dadar West (Mumbai) for a one-to-one free guidance. You need to bring documents related with your case for meeting with the expert.

Kunal Solanki

2 months ago

Hi I am staying in bhayander (East). Since last few month my family is in problem because of our building Society they are harassing us mostly the chairman. Before 6 month we had done the paint work in my house so we had also painted our external wall outside the door slightly dark color from the previous color so after 6 month we got a notice from the society that you had done different color so you have to change other wise you have to give penalty 1000 rs. We didn't change the color after 1 week they added penalty 1000 rs in our maintenance.
What my question is there are 3 flats they also had done different color but they didn't penalized by society and also there are many flats they had done the whole wooden furniture outside the door they were also not given any penalty so why only we were penalized
So what should I do is there any law or solution that can help me to get outside this mess ?

REPLY

MDT

In Reply to Kunal Solanki 2 months ago

You need to file your query to http://moneylife.in/lrc.html or meet out expert on Tuesday between 4pm to 7pm at Moneylife Foundation's office in Dadar West (Mumbai) for a one-to-one free guidance. You need to bring documents related with your case for meeting with the expert.

Ramesh Pittala

2 months ago

Ours is a complex of 6 buildings with 4 buildings as 4 societies and 2 buildings plus commercial complex being one society. Out of the 4 societies, 2 are yet to be registered as a Co-operative Housing Society. Legally there are 3 societies and one society is yet to be formed. The entire complex comes under federation (Apex) which is yet to be formed and pending due to 2 societies yet not formed. The unregisterd Apex body formed a "cultural committee" to conduct Ganapati Pooja Festival and other major festivals through out the year and wants to collect donations from the members of the all the buildings within the complex. The minimum amount per flat is Rs.1000/- but the maximum is no cap and people can contribute voluntarily any amount to the unregistered cultural committee. My query is Can this "Cultural Committee" mobilize funds from the members without registering as a legal body ? If no what are the repercussions ? Do they need to pay taxes in respect of GST and Income Tax to the Tax authorities ? Will there be any penalties, interest levey or punishment to the organizers ?

Please respond immediately

REPLY

MDT

In Reply to Ramesh Pittala 2 months ago

We do not reply on queries posted here. We have a separate helpline, Legal Resources Centre for this. Request you to file your query through our website for the records. Here is the link https://www.moneylife.in/lrc/#ask-question

Neetu Sharma

2 months ago

My ex husbannd died on 30th October 2017. He is the owner of a Flat in Dahisar East.
He had made Nomination in favour of my son , duly acknowledged by CHS. My son is 30 years old. My ex husband had not re married and was staying alone. We had written several letters to CHS to transfer the SHARE CERTIFICATE in the name of our son.
on one or other pretext, office bearers were delaying . They said to wait till Christmas 2017, then new year and so on... We have appointed advocate. Our advocate advice us to give the flat on rental basis after giving Indemnity Bond APPENDIX 18 on Rs 500/ stamp paper(under bye law no 34)and also APPENDIX 15, form of Application for Membership by Nominee (underBye Law no 35) But there is no response from CHS.
Finally my son has made Leave License Agreeement by paying stamp duty and registration fees on 15 th August and sent the copy of LL Agreement by regd.letter to CHS. Yesterday Chairman , Secretary and other office bearers went to the flat and threaened the tenant to take legal action against him stating that he is staying un authorisidely. WE have also sent Police verification to Police Station by regd post as in Dahisar , now they are not accepting physical form and one has to send by post.
What action can be taken against CHS for:
1) They are not transferring the SHARE CERTIFICATE in the name if Nominee after lapse of 10 months . ( We had meeting with CHS's advocate and provided all the documents asked by him)
2) For threatening the tenant for taking Legal Action
Thanking you,
Raksha Raichura

REPLY

Sucheta Dalal

In Reply to Neetu Sharma 2 months ago

Instead of posting personal queries in a public forum, you may like to come to moneylife foundation on a Tuesday between 5 pm and 7 pm and seek FREE counselling from Mr Shirish Shanbagh. Please check teh foundation website for details http://foundation.moneylife.in

Neetu Sharma

2 months ago

Can Society pass a resolution in AGM to pay Rs 5000/ donation to the person who gives his/her flat on rent .Is the resolution binding ? My son has a flat in CHS in Dahisar East

Ashvini Sambe Ghayar

3 months ago

Hi Sir,

Myself Ashvini Ghayar Society body member of Tulip co-operative housing society as per requirement of our society as per buy laws our body decide to collect major expense fund on the basis of sq. feet area which is to be use for Lift & generator or any major expenses .please let me know this is correct to raise such fund on sq. feet basis as one member of 2BHK flat saying all member use lift & generator equally then why sq. feet basis. ? but as per busy law all society fund exp need to collect sq. feet basis can you please give me ur opinion on this. Also common maintenance for regular monthly exp. till date we collect equally for all 1 BHK & 2 BHK flat owner but as there is some argument going forward we need to collect sq. feet basis is this ok?

Shahzad Wadia

4 months ago

Managing Committee of Co-operative Society is removing the individual overhead tanks on the terrace which was given by the builder and is part of the contract with the purchaser. It is being removed without individual consent and under the guise of it having been approved at an AGM where we were not present. Is it legal. Request your reply on an urgent basis as it is matter of water supply.,

sanjay Kumbhar

5 months ago

I have installed DTH antena on parafit wall of the society on last floor to get good signals in 2003 as my flat is on 1st floor. One of the member called me and told me that he is removing the DTH antena as it is installed on the parafit wall of his flat on 3rd floor. How legal is to remove the DTH of one of the member living on first floor by the other member living on 3rd floor? any body suggest what can I do in such case??

Deep rajput

5 months ago

Hi friends,I live co housing society in borivali I.c colony,Secretary of society is not allowing me and my friends(2-3)(not from society)to sit and talk in society premise ...is there any rules like that...plz suggest

Krishna Chandarana

6 months ago

Hi I live in CO operative housing society we have a problem with leakage from 2009 n when we completed about it they said we don't have leakage so those who have they should do it as mine is the top floor I have to do work on terrace from mine pocket. Leakage is going worse day by day we don't have a place to sleep in appatment I am paying maintanace regularly this year also the rejected the terrace work in socity meeting what should I do pls help me every year terrace repair expances r going high n it's always on ur pocket

ajay vichare

7 months ago

seeking suggestion : in my house some crack on my pillar. i approach my society to look into it but they denied and said its internal work you have to look into it... can you confirm me it the right statement.

JAYESH DALPATBHAI MISTRY

7 months ago

Very nice information

NRAJENGANESH

7 months ago

Have sent my query

sudhakar padhye

8 months ago

Sir
Before redevelopment of our Sty, 16 members were there. After redevelopment new 30 members applied for membership, but Sty asked them to pay 10000 with membership form to come with equal level of funds of 16 members which is 160000. Whether this act of Sty is correct? if so by which law ? Please quote clearly.
2) Dy Registrar dismissed Sty's application for 101, however Sty is not ready to remove arrears from bill which was shown for 101 application.
3) Dy Registrar ordered U/s 23(2) appeal against Sty and asked Sty to issue Share Certificate and take the entries in books about Associate Member. But Sty not obeying order. What can I do in these cases. Please guide me

ADR and Facebook to provide info about candidates through mobile
This feature will allow citizens to access information about candidates in the election more easily and enable them to make an informed choice
 
Association for Democratic Reforms (ADR) said it partnered with Facebook to provide citizens the up-to-date candidates’ information for the upcoming State Assembly Elections and Lok Sabha Elections to help them make an informed choice. Voters will now be able to access election candidates’ criminal, financial, educational and professional information directly on their mobile via Facebook using USSD technology. USSD or unstructured supplementary service data is a global system for mobile (GSM) communication technology used to send text between a mobile phone and an application program in the network.
 
"This initiative with Facebook will allow us to expand our reach. Voters will be able to know the poll worthiness of candidates -- their educational, criminal and financial information -- at their fingertips and choose wisely. Simply voting in an uninformed manner is not enough, citizens needed to make an informed choice,” said Prof Trilochan Sastry, founder and trustee of ADR.
 
Ankhi Das, Director of Public Policy, Facebook India, said, “Over 82 million Indian citizens access Facebook regularly, and an increasing number of users access the platform on mobile. Our goal is to enable citizens to get involved in issues of governance."
 
How to access the information on election candidates for free-
Access to information has never been simpler, faster and cheaper -- all users have to do is dial *325# from their mobile to access Facebook and select the election menu (option 6) or directly dial *325*35# to access the election menu for no charge. 

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COMMENTS

Imran Baig

11 months ago

Hi, Pretty impressed with the kind of issues and their responses posted here. I am part of my Society Committee and we are actively looking out for an Advocate to represent/consult our Society based out of Pune. If you know of any individual who specializes in Society matters handling and for legal consultation, please share the details. Keep up the good work!

Asha Chouhan

1 year ago

Hi, We have a small society of 24 flats and 4 shops in Goa, society got registered this year after a struggle of two years, however we are facing issues towards conveyance. There were few sale deed s were executed by the builder during the society formation procedure. Now those 3 sale deed owner's are not willing to cooperate with us for the conveyance deed, however the majority of the society members are trying hard to get the conveyance done, how should we go ahead so that we can do conveyance deed.
These 3 members are just not ready to understand and completely against and creating complications. Out of three two are Flat owner's as they don't stay here in the society and one of them is the shop owner.
Really need a solution to this...

Another Rail scam? RTI reveals expensive medical equipments being turned into scrap

Relentless waste of public money and consequent cover up by the Western Railway officials at the Cardio Vascular Thoracic unit of the Jagjivan Ram Railway Hospital hints of another railway scam

The Jagjivan Ram Railway Hospital at the Mumbai Central is in the fore for wilful wastage of public money by railway officials. The hospital’s has spent around Rs20 crore on its cardiovascular thoracic surgery department and yet has been unable to treat patients. It is shocking to note that as many as 22 out of the 43 machines installed by the department have been out of operation. The hospital comes under Western Railways management.

 

According to a reply received on a Right to information (RTI) application, which was   filed by Samir Zaveri, out of total 43 machines purchased at the cost of Rs14.5 crore, 22 have not started operating. What refers to the rampant waste of public money is the sly cover up about the department’s functioning by Western Railways officials. Presently, some of the machines installed in the year 2009, with a warranty period of two to three years have become ineffective, while few have a warranty period of five to 10 years.

 

However, it was revealed that an official of the Jagjivan Ram Hospital knowingly suppressed the facts and provided false information and covered up by stating that all 43 machines were functioning smoothly.

 

As many as 114 bypass operations were carried after setting up of a cardio vascular facility at the Jagjivan Ram Railway Hospital, between August 2012 to July 2013, with the bills going over amounting to nearly Rs1.70 crore (all borne by the Western Railways department). This works out to roughly Rs1.45 lakh per case on the low side. According to a railways doctor, on condition of anonymity, such operations could have been carried out at a modest cost of Rs50,000 per case.

 

According to Zaveri, a slew of such incidents reflect a scam in the making. He said that these facts indicate a scam involving railway officials. He said that they work in three ways—firstly they purchase machines; secondly, they avoid using it and then after expiry, they sell these hardware as scrap. In addition, the officials get kick backs from private hospital bills as well as bribes for favouring selected Railways employees benefiting from treatment at the private hospitals at Railway’s cost.

 

While there is such a brazen waste of public money on one side, there is a poignant side of the story too. “Everyday around 20 people met with an accident in the Western Railway Mumbai suburban network. Inspite of the orders from the Bombay High Court and Supreme Court, sufficient medical aid is not provided. If Rs25,000 is spent on emergency medical treatment for each victim, annual expenses would be less than Rs20 crore. However Rs20 crore were spent only on the Cardio Vascular Thoracic surgery department for the benefit of the railway employees which has not been used even once!” Zaveri added.

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COMMENTS

Aditya Gupta

3 months ago

Hello sir, can we do fire cooking in a housing society shops?we are planning to give shops on lease , so question is if cooking is allowed. If yes, what are certificates are required?

Girish Patel

5 months ago

One of the house person person has flat in the ground floor of the society, as he has put the safety grill and which is being a problem to the people who walk into the society, Does the committee members of the society can take any action against the same flat owner, Legally what needs to be done. Please do reply.

Kamal K9004025070

7 months ago

मैंने मेरी दूकान के आगे seftydor ग्रिल लगवाया तो सोसाइटी कहती हैं कि वह अवैध है जबकि लैंडअग्रीमेंट में वह जगह मेरी है लेकिन conveyence में नहीं है अब मैं क्या करूं?

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