Bye-Laws Chapter XVIII to XIX


XVIII. REDRESSAL OF COMPLAINTS

173

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.
174

After receipt of such complaint application, the committee shall take decision thereof, in the corning Managing Committee Meeting. Such decision shall be communicated to the concerned member, within 15 days thereafter.

Back to Index
175

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, then he/they may make complaint to the Advisory Committee constituted by the General Body of the society. The formation and powers of such committee shall be as decided by the General Body. If the concerned member is not even satisfied with the decision given by such Advisory Committee, then as per the nature of the complaint, the complaint member may approach below mentioned authorised officer.
(A)

REGISTRAR


Matters pertaining to following issues:-

(a)
Registration of society or misrepresentation.

(b)
Non-issuance of the Share Certificates;

(c)
Refusal of membership;

(d)
Non registration of nomination by the society.

(e)
Non occupancy charges;

(f)
Demand of excess premium for transfers;

(g)
Non supply of copies of the record and documents.

(h)
Tampering, suppression and destruction of the records of the society.

(i)
Non acceptance of the cheques or any other correspondence by the committee.

(j)
Non maintenance or incomplete maintenance of records and books of the society.

(k)
Non preparation of the annual accounts/ reports, within the prescribed period;

(l)
Misappropriation/ Misapplication of the funds of the society;

(m)
Defaulter/ Disqualified member on the committee;

(n)
Investment of funds without prior permission;

(o)
Reconciliation of accounts;

(p)
Audit,

(q)
Non conducting of election before expiry of the term of committee.

(r)
Rejection of nomination;

(s)
Non calling of General Body Meeting within prescribed period.

(t)
Non calling of Managing Committee Meeting as prescribed in laws;

(u)
Resignation of the Committee.

(v)
Any other, like matters which falls within jurisdiction of the Registrar

Back to Index
(B)

CO-OPERATIVE COURT


Dispute between the members and/or the members of the society, which falls under Section 91 of the MCS Act 1960 such as


Dispute pertaining to:-

(a)
Resolutions of the Managing Committee and General Body:

(b)
The elections of the Managing Committee, except the rejection of nominations, as provided under Section 152-A of the MCS Act 1960.

(c)
Repairs, including major repairs, internal repairs, leakages;

(d)
Parking;

(e)
Allotment of flats.

(f)
Escalation of construction cost;

(g)
Appointment of Developer/ Contractor, Architect;

(h)
Unequal water- supply:

(i)
Excess recovery of dues from the members;

(j)
Any other, like disputes which fall within the jurisdiction of the Co­operative Court.

Back to Index
(C)

Civil Court


Dispute pertaining to:-

(a)
Non-compliance of the terms and conditions of the agreement, by and between the Builder/Developer;

(b)
Substandard constructions;

(c)
Conveyance;

(d)
Escalation of construction cost;

(e)
Any other, like dispute which fall within jurisdiction of the Civil Court.
(D)

CORPORATION/LOCAL AUTHORITY


Matters pertaining to:-

(a)
Unauthorised constructions/additions/alterations made by the builder/member/occupant of the flat;

(b)
Inadequate water supply to the society;

(c)
Change of use by the member/occupants.

(d)
Building's structural problems.

(e)
Any other, like matters which fall within jurisdiction of the Corporation / Local Authority.

Back to Index
(E)

POLICE


Matters pertaining to:-

(a)
Nuisance carried by the unauthorised use of the flats/shop/ parking space/ open space in the society, by the members, builder, occupants or any other person.

(b)
Threatening/ Assault by or to the members of the society.

(c)
Any other like matters which fall within jurisdiction of the Police.
(F)

GENERAL BODY


Matters pertaining to:-

(a)
Non–maintenance of the property of the society by the managing committee;

(b)
Non display of board of the name of the society;

(c)
Levy of excess fine, by the Managing Committee for act of the member which is in violation of the bye-laws;

(d)
Not allowing the authenticated use of the available open spaces of the society, by the managing committee;

(e)
Not insuring the property of the society, by the Managing Committee;

(f)
Appointment of Architect;

(g)
All other, like matters which fall within jurisdiction of the general body.

Back to Index
(G)
                
FEDERATION


Matters pertaining to:-

(a)
Non allowing of the entry of the Secretary of the society, by the member.

(b)
Non acceptance of any communication by the member/ managing, committee.

(c)
Convening Special General Meeting provided under the bye-law No.97 and Managing committee meeting provided under bye-law No. 133.

(d)
All other like matters.

Back to Index


XIX. Regarding redevelopment of the buildings of the Co-operative Housing Societies:-
176

As regards vacant spaces of the ownership of the Co-operative Housing Societies as well as re-development of the buildings, the Government of Maharashtra has issued Government Resolution No. CHS 2007/ M. No. 554/14- 5, dated 3rd Jan. 2009 under Section 79 (A) of the Maharashtra Co-operative Societies Act, 1960. The redevelopment of the vacant space/buildings shall be made as per the provisions of the said Resolution.
Co-operative Guru