Delhi co-operative society problems and solutions

Many residents are not familiar with the workings of their cooperative housing societies (CHS), and are left confused while dealing with a variety of civic and legal compliances. In addition, most of the times, both the members as well as managing committee are left with bitterness that can be avoided altogether through discussion and compliance with the procedures.

Advocate Vinod Sampat, an expert in CHS matters, while speaking at a seminar organised by Moneylife Foundation, reiterated that common issues in any CHS could be resolved by discussion. “If this does not solve the issue, the complainant may have to raise it to appropriate authorities, like deputy registrar for cooperatives, consumer or cooperative court, municipal corporation and police,” he told a packed audience.

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“However, in several issues with CHS, Consumer Courts have given most effective decisions. In fact the complainant can make it effective from day one by requesting for interim relief. For example, you can ask to transfer the property card in the society’s name in the interim in your case for the conveyance,” Adv Sampat said.

Sometimes, there are disagreements 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 (like Campa Cola), and many other issues. Home owners need to know as to what is the right recourse to take action and to ensure that their rights are upheld.

Talking about responsibilities and rights of management committee and members in a housing society, Adv Sampat said, “Use video recording for each meeting. Take advantage of technology to put a cap on the powers of the managing committee. In addition, societies cannot make a member shut down a shop or beauty parlour she is running in her own flat. Lastly, make a Will about your property so that your heir and relatives can get their due.”

He further spoke on conveyance and re-development. “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,” he added.

The 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).

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3 Comments

  • NC Mistry says:

    Dear Sir,
    I have purchased a flat in a large apartment complex (400 +flats in 10 towers) in Guwahati. Most of the flat owners have taken possession since last 2 years and are leaving here. The builder however is not completing the project and many of the common facilities have not been constructed. There is no occupancy certificate. The common areas/facilities are yet to be handed over to the flat owners. The builder is managing maintenance and charging without giving any accounts. They have also made constructions on the Roofs and sold some of them, though the roofs are part of common areas. The flat owners have a Registered Society with limited purpose. However, the Society is not effective and is weak. We are afraid that if we approach the authorities, our stay may be termed illegal and we may be asked to vacate that is unimaginable. Some times the builder says that if we do not pay maintenance charges he may cut off the service.
    Kindly suggest best course of action for us.
    Regards,
    NC Mistry

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  • PRITPAL SINGH says:

    Dear Sir,
    What will happen to the working of Managing Committee if Secretary/Vice President /Treasurer and 3 other members resign from the MC immediately after SGBM. What are the responsibilities of the resigned members.

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  • jagdish says:

    I am a member of CGHS in Delhi now my spouse want to purchase a flat in other CGHS in DELHI from individual income. Is the purchse of second flat permissible.. What can be the repercusions.

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