Chsguru Answers Archive Pack 1

ChsGuru Answers

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        Answers to your queries on Co-operative Law as posted in Free Query’s* section on
Mr. S. Ghosh. & S.M. Mandlik.
Ghodbunder Road, Thane.
Dear Mr. Ghosh & Mandlik, Thanks for liking the site. Now referring to your problems as per Section 10 of MOFA Act 1963 & Rule 8 of the MOFA Rules 1964 it is duty of every builder to register a CHS within a period of 4 months as soon as the 60% of flats are sold. If the Builder is not registering your CHS, better proceed for Registration of CHS under non-co-operation from the builder. Once your society is Registered all your problems should resolve. For other harassments by the builder you can proceed for action under Criminal law apart from the Civil remedies. Please read the respective articles of our attorney. You do not stay in a lawless society; why not avail of Legal Help. Consult a lawyer having good experience in this field & proceed by majority.
J.B. Patel., Andheri (West),
Mr. J. B. Patel from your query, I find that you are referring to “debar” and not “disqualification”, further you are referring to entire Managing Committee and not a single member of the said committee. Under the Provisions of Section 78 of the MCS Act 1960 the Registrar has got powers to debar the committee or member thereof to be eligible to be re-elected, re-appointed, re-nominated, or re-co-opted, as a member of committee of the society for the period of next one full term.
Respected sir, i am pleased to refer you on a very human issue related to the subject. our society was established in 1992, and always had the chronic problem of water supply. the sequence of the snowballing issue are important so as to just give a simple decision whether the society should be judge on the issue,as the human reason have some exceptions for which the bye-law may not have the appropriate guidance to judge the grieviance of an issue.
a-builder gives a capacity of 500 litres for the storage.
b-members install more withdrawl capacity-say 2 to three times than the supply.
c- the committe could not provide eqiutable water due to mischivious members who resort to telling lies/hooliganism and withdraw water with the booster at the time of the release of water from the overhead tank.
d-the society out of injustice to the members handover the administration to the registrar.
e-the registrar during the service period suggests a plumbing with an option to put off the lights so as to avoid water withdrawl by booster.
f-the happy days starts, but not to stay for long.some of the deprived members starts getting the supply,and some of them who were getting excess withdrawl previously started creating nuisance and stoppped the "power off when water supply" as suggested by the registrar,and also resorted to change the plumbing as given by the builder originally.thus the over-riding the registrar's suggestion resulted to more fiery situation.
g-with the change in plumbing system the registrar suggested the increase of maintenence charges from rs 250 to rs 680 per month with the above "way of working",by providing "extra tanker supply" whenever required, but were discontinued due to poor quality of water, administartive issue for managing the providing and supplying the water.
h-resulting to water supply shortage the member to survive at "sweet home" started getting "personal tanker" which costed 1300/2200 per month #i.e 15600 to 26400 per annum#.
i- today,since 15 years,there are member who genuinly suffered due to the mischivious lot of members and have defaulted in the maintenece as thay could not afford to as such buy the flat with the current market scenerio, as well as they are in no way in position to make the "maintenence charges" which are as high as rs 680/-sans water supply.
sir, it is an emotional outbusrst of some member which certainly needs a human decision, so as to give some compensation for the sins that have not committed.
Question: can we fine the mischievous and compensate the suffered by any general parameter and reimburse the looser and recover the society dues?
sir, I hope this should be a very unique issue coming to you for a solution, which certainly does not give any financial benefit to you,but i pray to guide the undersigned so as to be a good judge by the law of nature. sir, water is the basic necessity of every human, and if humans behave like animals than what should be the remedy. i can forsee the issue getting more serious as this may lead to the failure of the functioning of a "society of humankinds"
Rohit. Karbhari. Mira Road (East).
Dear Mr. Rohit., I fully sympathize with you as a human. Coming directly to your query, Yes the General body can fine the mischievous members provided you have enough proof that due to the act of the said mischievous member’s loss has been caused to the society. Further even the Act, Rules and bye-laws stipulate that if some acts of the member have caused financial loss to the society, Inquiry can be initiated u/s 83 of the MCS Act 1960 and upon report of such Inquiry Officer, the Registrar can pass order to recover the same from the said members who are held responsible in the Inquiry, provided you follow the due procedure of law.
Can I ask the society to provide me copies of meetings held for the last 2 years and the Minutes of meeting of such meetings held?
Niranjan Chari. Dadar (W), Mumbai.
Dear Mr. Niranjan Chari. You have not mentioned whether you are a member of the society or not. I assume that you are a bonafide member of the society. As a member of the society you are eligible to file an application before the society under Section 32(2) of the MCS Act 1960, asking them to provide you certified copies of the required minutes of meetings held in the last 2 years.
Can the Society transfer the shares of a deceased member to his legal heir, even if there are outstanding dues. The Son of the deceased member is regularly clearing the outstanding dues in installments, and is about to clear the whole outstanding due, in some time. A transfer application is submitted to the Society 2 year ago and there is no reply from the society regarding the same
Haresh Soneji, Kandivali,
Mumbai - 400 067.
Mr. Haresh, what I find from your query is that you are referring to “Transmission” and not “Transfer”. With regards to dues, the legal heirs are liable to pay the dues of the deceased member. Once the dues of the deceased member are paid-off the society should transmit the shares of the deceased member. But since the son of the deceased have filed an application before the society 2 years ago & there is no reply from the society, the son should file an Application for deemed membership before the Office of Registrar, C.S having jurisdiction over the society. You can seek help from our Attorney.
Sir, I am a Secretary of one society & we were not able to conduct the A.G.M. before August 14, 2011, and an extension was sought from the Office of Dy. Registrar. Though this was granted, the AGM could not also be conducted before November 14, 2011. Now What should we do, as the Registrar Office is saying that they cannot grant further extension. Please advise us?
Ramesh. Dhanani. Sakinaka, Mumbai.
Dear Ramesh, the Registrar Office is right in saying that they cannot grant further extension. As the MCS Act does not empower the Registrar to grant extension beyond 14th November. You should ask the Office of the Registrar to appoint an authorised officer u/s 75(1) of the MCS Act 1960, who shall now conduct the AGM of your society.
Sir, A matter against a builder is pending in the City Civil Court. Can the members of the Cooperative Society approach the media for the illegal construction done by the builder of a nursing home viz., Atharva Nursing Home and Research Centre?
R. Khobragade, Sion, Mumbai.
When a case is pending before the City Civil Court, so it’s better you ask this question to your Advocate. As far as our opinion is concerned it is never advisable to comment anything in media if a matter is sub-judice, it’s just like not having faith in the Court of Law & shall amount to Contempt of Court.
Dear Sir, we are in grave trouble and are looking for solution since last 10 years, so I request you to please resolve our problem. Our building was constructed in year 2001, it is Stilt+4 floors apartment consisting of just 8 units situated at Borivli West. After construction of our building the builder has went absconding. Somehow we obtained O.C, C.C & building plans of our building from the Municipal authorities. But we are unable to register a Co-op Housing society as our C.A says that atleast 10 members are required to form a society. In absence of the same we are facing troubles maintaining our building since last 10 years. Earlier 3 owners of our building had opened joint account with a bank & were collecting funds, but the said account was seized by the Income tax Office, since then we are managing our building by collecting cash. Can you suggest some way whereby we can register a Co-op Housing society of our building?  Sir please reply to our query, Thanks.
Keshav. D. Naik. Borivli West – 400103.
Dear Keshav, Section 8 of the MCS Act 1960 stipulates that for forming a Society atleast 10 persons are required. In your case there are 8 persons, a CHS of your building can be formed provided (1) the built-up are of each flat is not more than 700 sq. ft., and (2) there is no balance F.S.I.
Sir at first place let me thank you for the wonderful website, amazing pictures and articles. Our CHS has 80 members and our building is situated at D-ward. We had passed a resolution in the AGM approving the building repairs & coloring with a budget of 45 lakhs, we have collected the said amount from our members but now our members are suggesting that instead of repairs we go for redevelopment. The Managing committee has no problem but we are in puzzle that can we revoke a resolution which has already been passed and recorded in the AGM & approve for redevelopment? Please guide us.
Mukesh. Shah. Haji. Ali, Mumbai - 26.
Thanks for liking our site. Coming to your query, Yes you can cancel the said resolution by calling a fresh General body meeting & approving the same vide an resolution but the only condition to cancel earlier resolution is that, you should have a gap of more than 6 months, after passing of the previous resolution.
Dear Co-operative Guru, I am secretary of a building. I understand that the society can charge 10% of the monthly rent of a flat as non-occupancy charges. We have passed a resolution to that effect in the AGM, is the same correct, please advice.
Mohit. Sharma. Wadala, Mumbai.
No it is not correct, the society can charge non-occupancy charges as per decision of general body, but in any case the same cannot exceed 10% of the Service Charges, in short maintenance bill excluding municipal charges and contributions to society funds, the details of what includes in service charges can be referred @Bye-law No. 68, from the following link Bye-Laws.

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