Legal notice to co-operative group housing society

When a legal notice to co-operative group housing society should be served: If any member or a resident or a tenant of a co-operative group housing society is not able to get what one should get as services from the said society, he/she has all the rights to serve a legal notice on the society. The managing committee is responsible to ensure that what ever are the rights of the members or their representatives should be and must be given / provided without any delay. But if the managing committee is not providing the required services, a legal notice should be served upon it.

Legal notice to co-operative group housing society: There are many instances where the managing committee of the society did not provide proper car parking space and there are also the instances where the managing committee started collecting car parking charges from the cars based on number of cars parked by the flat concerned. Suppose a flat owner is having 2 cars, he has to pay charges for the 2nd car. If a flat owner is having 3 cars then the flat owner has to pay for parking the 2nd car and more money for parking the 3rd car. It is observed that on 2nd car if the society charges Rs.200/- per month, it demands Rs.1500/- p.m. for the 3rd Car and demands Rs.5000 p.m. for the 4th car.

It is observed that after seeing a society charging the money from the residents and members in the manner explained above, near by societies also started charging the similar way. Since the members and residents are not aware of the facts, they keep paying it silently.

FACTUAL POSITION

The Managing Committee has no power to impose such charges, only a General Meeting can impose such charges.

The decision on car parking space is further discriminatory towards those, who have purchased the reserved car parking space as it gives wrongful loss to those who have purchased the space and wrongful gain to those who have not purchased the space. No such discrimination can be made for rights of members on common space of the society even by majority in committee or a general meeting.

Even General Meeting of the Society cannot impose car parking in such a manner on the basis of more charges for subsequent car of a flat or member.

The society in the garb of above decision has started cheating the members, with the knowledge that it is likely thereby to cause wrongful loss to those who are having cars and wrongful gain to those not having more number of cars. Therefore, in the views of our legal experts the society has not only committed a civil offence but also a criminal offence.

rp_IMG-20130815-00266-1024x76811-300x225.jpg

 

If situation as explained above arises the members have their right to serve legal notice on the Society and still if the society do not mend their ways, a legal case may be lodged at 3 places (1) Registrar (2) Consumer Court (3) Criminal Court. In the opinion of our legal experts, it is the sole choice of the complainant to file the case 1 or 2 or all the 3 options open before him.

In one of the such instance, a legal notice was served and then a case was filed with the Registrar of co-operative societies. The registrar of co-operative societies appointed a Arbitrator for adjudication of the matter and following are the findings and Award of the arbitrator.

Click Here to see Judgment of Mr. SC Khatri, Arbitrator dated 4th March, 2014 on Common Space Car Parking Charges – illegal & to be refunded with interest

IF YOU HAVE ANY QUERY OR NEED ASSISTANCE, LEAVE A REPLY BELOW

91 Comments

  • Dana says:

    Dear Sir,

    Please help me as I am in need of a Advocate specialized in CGHS co-operative group housing society matters.

    I will call on your phone to’morrow before reaching your chamber in Dwarka court

    View Comment
  • SS Duggal says:

    I want to give legal notice to society but the managing committee says that they will not accept it and when sent to them by speed post they have sent it back to me. Please guide.

    View Comment
  • GH Bhardwaj says:

    We want to give legal notice. Please guide us

    View Comment
  • Bakshi says:

    A person becomes member in one of the CGHS and flat is allotted to him by DDA. His wife becomes member of another CGHS after allotment of flat to her husband, but her membership is not cleared by RCS due to violation of Rule 24 (2) and it is also not reflected in the Audit report. In the meanwhile husband sells the CGHS flat which was in their possession. Society obtains fresh application and fresh amount from his wife and also reflects the amount taken in the audit report. RCS clears membership of the wife. DDA allots flat and three years have passed after allotment. Society was being run by builders and they have played with the records. Does this attract Rule 20 of DCS Rule 2007 for disqualification and Section 87 of DCS Act 2003 for cessation of membership. As per Rule 100 of DCS Rule 2003, the issue cannot be raised after three years of allotment of flat or plot. What happens to the membership and the flat. Please advice

    View Comment
  • GANDHIASHRAM SOCIETY says:

    In our society one member got the membership cleared from the Office of RCS by incorrect methods. There were deficiency in his documents i.e. when he became the member he paid share amount as Rs. 1000/- and also office receipt book shows Rs. 1000/- and audit report, but he produced fabricated receipt for Rs. 100/- and fabricated share certificate for Rs.100/- and also he produced fabricated receipt for other transactions and it does not tally with audit report for the period from 2001 to 2007. He himself was Officer bearer in different capacities and the society was controlled by Builder and they fudged the records. After clearance of membership by RCS, he along with one MC Member submitted forged NOC to DDA and DDA allotted the flat. MC has filed a complaint to Delhi Police for FIR, it has not been registered till date. Now he has filed false complaint against the MC to RCS for not giving possession of flat. RCS has issued show cause notice to society.MC has replied to RCS with facts and dcouements. Please inform us the course of action to be followed in this case and if you could handle our case in the RCS.

    View Comment
  • GANDHIASHRAM SOCIETY says:

    In our society one member who was involved at the time of allotment of the flats for helping the MC in streamlining the records in the year 2008, as the society was controlled by builder. He has taken lot of blank share certificate, blank receipts books, account and bank statement and maintained a parallel office. He has been helping the builders dummy members with forged receipts so that can claim the flat. MC has not accepted these forged receipts. Builders dummy members have not paid any amount but they have shown in the audit reports having paid the due amount. This member has also claimed a payment of cash amount in the year 2008 on the basis of forged receipt, but now it has come to notice that the cash amount does not belong to him. Can the MC recover the amount due with interest and please advice what all actions can be taken by the society as per DCS Act and Rules. we will request your services.

    View Comment
  • Deepak khanna says:

    looking for advocate specialized in car parking issues as i have 1 flat but no car parking allotted (under Maharashtra CHS act)

    View Comment
  • Irashad says:

    Sir, Ours is the society named Nav Nirman CGHS Sector-2 Dwarka (120 Members). The society was running smoothly by the then MC. As their term was over, An election was held on 17.3.2013, members elected unopposed. But one of the advocate threatened the Hony. President and Vice President to suit against them if they would continue in the MC. This advocate is well protected by the Delhi Police official who is also the member of the society. Therefore, no body dare to report against him. interestingly, he has been a major defaulter. When he threatened the President all the elected members tender their resignations. And he got framed himself an ad hoc committee making her wife as Hony. Secretary and made president to a secondary member including making all the defaulters as members Further, this so called ad hoc committee did not follow section 36 of the DCS Act. They immediately convened a GBM. A complaint to his effect was also lodged in the RCS office. They did not do anything even after signing a memorandum by more than 25 members of the society against the ad hoc committee.
    They enhance the maintenance charges themselves.

    But after the intervention of the previous office bearer in the office of RCS, he got arranged conduct of election in the society. The R.O. has been appointed by the RCS on 10th Sept.,2013. Now they are going to hold GBM on 29.09.2013 claiming that they have powers to convene GBM as there is no provision in the rules and act to debar ad hoc committee to hold gbm.

    My query is : i) Can ad hoc committee takes policy decision on the enhancement of maintenance charges ?

    ii) Can ad hoc committee hold GBM when the R.O. has been appointed by the RCS?

    iii) As the ad hoc committee did not form as per section 36 of the Act, what action can be taken against the members who highjacked the society?

    REgards, Irshad

    View Comment
  • I had purchased one flat in rajasthali apartment pritam pura delhi-34 in the year 1990.The same was given on rent to one sh. usha goel. she in collusion with society got that flat converted into free hold by forging my gpa alleged to be registered with sub-registrar and other docuements .Pl guide me. Thanks. Rajender Goel

    View Comment
  • Krishan says:

    Dear Sir

    I became a member of CGHS Society in Delhi in 2004 since then I have spent most time abroad working recently I got allotment of my flat. As all CGHS society Delhi came under CBI enquiry in 2005 so the construction work stopped in the society and started back in 2013. My querry is that during this 10 year gap between allotment I bought a another property through resale from 2008 – 2010 as flats were not ready in the society and I wanted to make an investment as my parent’s were leaving on rent and faith of the society was unsure. Is their any chance that my membership may get cancelled and I may loose possession of my house because when I got the flat in the society recently it was completely in RAW state from inside as work was not done as per the specification which was promised by the MC. When I challenged the MC the secretary threatened me that he will lodge a complaint against me or any member at RCS office if we chose to raise this Issue of incomplete work done by them. Is their any threat to my membership or my flat as when I became a member in 2004 I didn’t possessed any property in Delhi and even at the time I got the flat allotted in 2014 I didn’t possessed any property under my name. The MC member themselves posses number of property under their name in Delhi and have done lot of illegal activities and forgery in paper works of the society to get allotment for themselves. As I am abroad I don’t want to get involved in legal battle will get the work done in my flat myself as other member have also decided to do themselves. Please advice.

    Thanks

    Krishan

    View Comment
  • Krishan says:

    Ok so it means if I have a flat in CGHS then in future I can’t buy a property in Delhi or do any residential investment. As the flat which I bought in 2008 was a freehold and not bought under any CGHS scheme rather bought at market price by executing conveyance deed. Later I sold it in 2010 and don’t have possession of it since then.

    View Comment
  • yogesh v bangera says:

    sir, I require advice from you. In our society our committee member had sold our Solar system (which cost near about 18 to 20 lakh) without proper procedure neither they had informed member nor they had done any procedure. Neither they had taken permission from KDMC (our society at Kalyan), neither from builder nor from a land owner (because our society is not get convence deed certificate. Can committee member sale a solar and if not pls. tell how can we recover our money from them and what procedure we can take to recover pls. Pl advice

    View Comment
  • sanjay gupta says:

    I need your help in the matter of children’s are restricted to play in the park of society

    View Comment
  • Bhawani Singh Bhati says:

    Dear Sir,

    As we our secretary has resign from his post, and he told us that new procedure of election is more tough. as he tell us that there will be deposit of 17000 for whosoever wants to stand in the election and the committee will come from Pune Maharashtra and also mention that Palghar district has different rules, as previous Vasai was in the thane now it is in the Palghar district so rules are change.

    As all the member of society want to elect one person and don’t want this long procedure, is there any way that all member decide to elect one man for their secretary post without going the way which he told.

    The all are happy to name one person with their mutual consent.

    View Comment
  • priyanka says:

    Is it illegal to keep paying guest in our own house, our society is objecting not to keep bachelors they have said that they will not give NOC. They have passed a resolution in AGM not to partially sublet the flat.

    Please advise.

    View Comment
  • Sir,

    You mean the procedure which was defined by secretary should be followed or we can elect one person without spending or going through the election (I mean we all want to elect one person by doing election in the society, but what he said the procedure was tedious for any one who want to stand for the post.).

    Just want to clarification whether we can elect or not without going or calling any gov. assistance (soc.)

    Please assist

    Thanks,

    View Comment
  • Preiti Shah says:

    how to go to registrar? is any online services available to complain and to give notice to society?

    if any illegal halfly constructed wasteage area is der nd nobody is trying to demolish it becoz of cost. and it cause parking problem then can society member give the time period or writing notice for demolision?

    View Comment
  • Bidhan Chakraborty says:

    Sir,
    I reside in a CHS complex where 8 CHS are existed, since last 15 yrs. common properties are not maintained properly b’cuz few members are not paying for common properties as b’cuz they are not using that portion of eighter Road/Play Ground etc. etc. there is no registered body for the common properties also under CHS Act. Please advice how to deal with this problem. Bidhan Chakraborty

    View Comment
  • Vallari Mody says:

    Dear Sir, there is unequal water distribution of water in my society as few of the people have made alteration in the bmc pipeline, leaving the neighbours to struggle for water. The office bearers are aware about this and cover up for them by blaming others by putting allegation that they are uaing direct motors. They decided to put off electricity for an hour from Mon-Sat in the meeting. Now have started putting off electricity for 2.5 hrs and also on sundays without prior discussion. They access our electric boards without permission. Can we lock our meter boards and not abide by their decission regarding the power cut? Can we send legal notice for any matter on them? The society is in mumbai suburb Pl revert. Thanks in advance!

    View Comment
  • vpgarg says:

    Dear Sir, I am living on 2nd floor of a house in Delhi. Do I have right to park my car in front of the house on the street, of course not obstructing the passage/common entry to the house. The ground floor owner , although does not have any car or vehicle, but he objects because he has such a bad mentality. Can I approach a Court to seek direction to the ground floor owner not to obstruct me in parking my car outside the house by the road side, without of course, obstructing any body’s else ‘s vehicle plying on the street. The street is 30 feet wide. Is there any ruling of any Court in regard to norms of parking in streets by the residents of that locality. Please advise.

    View Comment
  • kamalakar samant says:

    if co-op housing society get jail custody more than 48 hours then what will happen ? should he resign from the post of secretary or any should he carry AGM

    View Comment
  • kamalakar samant says:

    dear sir, thanks,

    can you please say me if managing committee did not take AGM for last 3 year and not taken any monthly meeting and not submitted the financial reports to members then still managing committee is able to work and continue as committee or please guide me.

    also pls tell me any person got jail more than 48 hours and who is secretary of the co-op soc then should he resign or all members to remove him as secretary

    View Comment
  • imran says:

    I am brought flat in same building and struggling to get noc from our society even chairman has acxeptted cheque of 25k and we have submit the requested documents need expert advise on this issue

    View Comment
  • Taysin Shaikh says:

    Dear Sir, I have a office in a commercial complex and I have been paying them monthly maintenance regularly by cheque, but since April 2015 I have not received any receipts for the payments, every time I ask them for the receipts they give me all sorts of excuses. Most of the shop owners are facing the same problem but no one is interested in asking the chairman or the secretary for the receipts. I have been sending them emails demanding for my receipts. Please tell me what should I do now?
    Thanks

    View Comment
  • gopinathan nair says:

    I am staying in MHADA building in Pratiksha Nagar Mumbai and am the allottee. I am having 3 two wheelers . Society is levying parking charges for first TW Rs. 25/- second TW Rs. 50/- and third TW Rs, 100/-. I like to know whether the parkig charges are legal. As it is a MHADA building, there is plenty of space as well. There is no ground floor hence common space is lot more.

    View Comment
  • CHANDER MOHAN says:

    NAVRACHNA cOOPERATIVE group housing society gh/173/east, is a registered cooperative group housing society at 3, cbd east arjun nagar delhi-110032. society is collecting rs1000pm as maintainance charges for Providing various services but this account is never audited as the sub committee is handlinh this Main Managing Committee is collecting rs 100 per annum for running its office. But the expenditure statement is never shown balance sheets is not distributed and they openly threatens people to complaint to Registrar cooperative Society.There is no transparency and General Body is called in very improper manner. Complaints To Registrar Office Failed to deter them for discriminatory working. What shold be done against them

    View Comment
  • Ana says:

    The society segregates certain high cost expenses related to maintenance from monthly maintenance charges and collects them separately by passing a circular and so the maintenance charges collection shoots up significantly – is such a segregation of such cost allowed. This is due to protect old tenants from some cost and charge only new tenants – in short manipulation of charges to be collected from old less and from new more.so as per bye law is such segregation allowed – if mot which chsl bye law protects us or can be used to counter it.

    View Comment
  • kamalakar samant says:

    dear sir, if managing committee member resigned from there post including chairman and except secretary did secretary allowed to carry society management or what will happen next
    please guide

    View Comment
  • Kannan says:

    I want claim damages from my Members Housing Association for the wrong Electricity disconnection. Resulting that My tenant vacated the house with in 5 months from the date of tenancy agreement.

    View Comment
  • Kannan says:

    Is it Possible to claim damages from my Housing Society (Residents association),

    Wrongly they disconnect my house electricity. I don’t have any dues to them on Maintenance charges. But there was a small amount of late fee which was pending from 2014 and I am sending so many mails to explaining the reason for delay and ask for waiver.

    But they did not give any reply for long time, that they waive or not.

    Suddenly i see disconnection to water and Electricity with out any notice. Resulting that My tenant vacated the house and I lost rent for 2 months, I want to claim loss of rent and agency fee I paid to property agent. Due to the water and electricity disconnection by Society, I could not implement my tenancy agreement and claim loss of rent or notice period rent from my tenant.

    View Comment
  • KK Singla says:

    Dear Sir ,

    I live in one of CGHS in Delhi . I want enquire does GPA Holder gets new membership number , share certificate etc. Because our Management is not giving us old or new certificate . Previous owner Handed over old documents management. Also help me to get Advocate for CGHS .

    View Comment
  • Khan says:

    kindly provide CHS legal expert/advocate contact details.

    View Comment
  • ashok bhalla says:

    What is the legal position of a resolution passed on car parking charges in 2013 if not implemented for more than two years by the then committee?.The successor committee has now proposed to collect car parking charges from the retrospective date 1.4.2013.

    View Comment
  • k c tomar says:

    pl, suggest me, if any president of group housing society delhi, not calling any general body meeting & managing committee itself take dissison for car parking rates, water charging rates according counting all members of the flat, not doing maintenance of sosiety for all blocks, not conducting the election for last six years & do the dictatorship then where to lodge complait without comming my name in light.

    View Comment
  • Nick says:

    Dear All,

    i have a flat at ground floor and now the landlord has filled case against me saying that he had given rights to builder to construct the building stilt + 3 floor and NOT the ground floor so he wants to demolish the all ground floor flats,my building is 20 years old now.

    Please let me know what action should i take.

    View Comment
  • Nick says:

    on whats ground i can fight , is any law/act says that all dispute to be raised within 3 years time?

    View Comment
  • M.R. Singh says:

    SIR,
    I am resident of Cooperative Housing Society at Hyderabad. For the last 04 months, the water leakage is coming from top floor ( flat on upper floor) and damaged wood work of around 2 lakhs and an Air Conditioner worth Rs 50,000/-. The housing society have attempted silly efforts to rectify the fault but the leakage could not be stopped. Now, the housing society have taken estimate of repairs from some agency who gave estimate of Rs 60,000/-. The society is saying that this is the internal work pertaining to the leakage in upper floor bath room. As such , society can not pay for this. However, the owner of the above floor flat was requested to bear the expenses but he refused to bear the same.
    May I request to kindly look in to the problem and advise for further action.

    With best regards
    M.R. Singh
    Hyderabad

    View Comment
  • Pankaj Bansal says:

    Recently our Housing Society passed a rule restricting Children to play Cricket/Football in the Society common area and asking them to play Badminton, mainly on One Bunglow owner’s instigation. Is it legal as this is taking a toll on the Children’s Mental Health as they are furious on this directive?

    View Comment
  • Kishore Kumar Nair says:

    If a society is collecting money from the people of the society in the name of major repair fund and not getting the work done due to some society members who are not paying then what action can the people take on the society for collecting the money and not getting the work done as they are also charging fine on late Payments . Please let know .

    View Comment
  • dineshkumarkhanna says:

    am member of the star lite cop group housing society Rohini Derlhi residing at second floor. there are four lifts are provided at four corner of the societyand stopped at above the top of second floor.last year management had extra charges for using the lfit@Rs2400pafrom third and fourth floor without passing the same in gen body meeting.in my knowldge it is common fecilit can be charged from all the members.kindly provide me the suitable guidlinefor the same.

    View Comment
  • B. Yumnam says:

    Dear Sir,
    Can a cooperative committee deny an open parking space on grounds that the vehicle is not yet transferred in the member’s name ? And also can the committee charge a penalty for parking the same vehicle, per day basis?

    View Comment
  • Sunik says:

    Im my society there is one flat unclaimed last 10 yrs what society can do for this flat

    View Comment
  • SAMIR says:

    Our relative have one plot in Mumbai, Society formed in year 1940 and owner is expired in 1970’s and relatives are legal owner of the plot and society is not providing any documents and we have started to search / cn you give some inputs how to find old documents / in Registrar of Co-op. Hosing Society in Mumbai – they will search and provide or any other way … kindly guide…

    View Comment
  • Saurabh says:

    I am resident of the co-operative society. My flat is at top floor. There was a crack in outer wall . I asked management to get it repair from last several months(like March’15) . They tried to repair it last month of Nov(after very argument had with them) . They denied to repair the wall and said that its not a management work(its your personal work) . The outer top wall fall down while they were repairing(they build the wall not on the same place where it was but on the Lenter) it due to which the wall fall down taking lenter with it . I made that wall by my money.I beared alll the amount for it.Now, i am asking to give the money back. They are denying it. Could you please tell the way or the act using which i can claim my money back , or can register a complaint to register ?

    View Comment
  • Saurabh says:

    Hello Sir, My house is in Rohini Delhi .I would like your assistance regarding this case.
    Could you please tell me that :
    i) What is the time period/limit for society management within which they have to repair the damage (please share any Act for it )?
    2) My amount loss is around 1,25.000 , could you tell me how much amount can be compensate if we go to Consumer Court or Registrar ?
    3) Which would be the best direction ( Registrar / Consumer court / Criminal Court ) among them to approach ?

    Regards. Saurabh

    View Comment
  • rajeshwari says:

    the secretary of our housing society has diverted the pipeline of my house to his house, with the help of a corporator which has resulted in no water connection. to my house. what action can be taken

    View Comment
  • Rohit Chopra says:

    Dear Sir,
    I am Secretary of the society and am running coaching classes from my flat since last three years.My students park their vehicles outside and my immediate neighbors have no objection. We have two buildings A and B in our society.Chairman of our society stays in B Building. In his building 2 other ladies conduct tuition classes for small children about 5-10. One day Chairman raised objection in executive member committee meeting that coaching comes under commercial activity and should be immediately stopped in the society.Later I came to know that he had some parking problem with one of the owner who is running classes and hence want to stop this activity.In the meeting I asked him to give me in writing that coaching falls under commercial activity but he is till date not giving anything in writing. He behaves like dictator in the society and also many times instructs guard not to allow the students in the society. Many decisions like purchasing CCTV has been passed in AGM two years back but till date he is not allowing.Many tenants in society have not submitted police verification report despite notices to them.I asked him to send details to the police station but he is delaying that also.
    I am very much disturbed as coaching was my only source of income which he is asking to stop.Please guide me where I can make complaint.
    regards,

    View Comment
  • Abhishek says:

    Dear Sir, I am a member of the a CGHS society based out of Faridabad, Haryana. the construction was started in 2010 and till date the project is not completed. last year in the month of Oct, the allotment/draw was conducted and now we are asked to pay an additional 10,00,000 to get the NOC to get the flat registered. This was communicated earlier and now we are being threatened with cancellation of membership and levy of interest in case we do not deposit the amount. Sir, Pls suggest the legal option I can explore.

    Regards,
    Abhishek

    View Comment
  • Subrata Swain says:

    Legal expert related CHS in Pune

    View Comment
  • Pooja says:

    We own a flat above the building and since the overhead tank and our tank are at same level, we do not get water when it is opened to all building members. So it was decided earlier to open the tap for our flat for five minutes before it is opened to all flats in Lower storeys.
    Now the society says that the water will be opened to all storeys flat including ours at same time and we have to manage our own condition and society will not take care whether water comes to your house or not.
    Please let me know whether I can raise a court case on society of not providing basic need of water?

    View Comment
  • Aditi Singh says:

    Which of the above three options to file a case is the quickest and fetches effective results ?
    Also, with my opinion Sec 70 and sec 132 serves the jurisdiction only to the RCS. there have been cases where the Delhi District court has dismissed the case on the conflict of jurisdiction. please help as soon as possible.

    View Comment
  • Shilpa kapse/bansode says:

    Hi this is shilpa kapse staying in lodha heaven ,F003 chandresh avenue bldg, nilje,dombivli east.
    In our society we observe some fraud going on by the society commitee members as well as some residents. They have given terrace shade contract to sonme xyz comany ‘s agent. Amt is 900000/-. Now work has half done ,inferer quality of material and top of that those who are working all people are fraud. Companeys owner came and told us they are fraud n he made them urrest.
    Now our society members not filing any complaint or NC. Because some of the society members invove in this fraud. No one knows who introduced contractor in society. Every one in society paid 21 000 for the terrace repair work. Now we want justice . Where our money utilised. And why this fraud not taking seriously n making proper complaint. Can we do something against our commitee members as a residents? Please guide me .

    View Comment
  • S mohanty says:

    Is it legal that a society bared the students and bachelors to stay on rent.

    View Comment
  • Pavani says:

    Hi, actually our house construction got stopped because builder. We have given complaint on him but no use.. he promised gated community but now he is not able complete the house construction.. police is taking money from him and supporting him..

    View Comment
  • Mahendra says:

    Peasenhall help me out.the Co operative societies does not giving noc to get my title in property card

    View Comment
  • jatin shah says:

    Our re develop building in2004 I got ownership shop from tenants, now society form in2015 sept. Total 11 members, residence member not conducted meetings for managing committees. Also not issue share certificate to all members. What action taken? Is demand for registered society can cancelled?

    View Comment
  • vishwas patankar says:

    Our society gas defrauded the society by not billing himself for csr parking for 30 continuous months till we found out. He is still not paying. Members want him to step down and make him pay his dues with interest.
    What remedy do we have? Registrar says we cannot remove him as only MC has authority.
    Pl. Guide….

    View Comment
  • ARJUN GOSAIN says:

    If 2-3 members of a lane of a Housing society has encroach road and are not removing the illegal construction, then what to do….a

    View Comment
  • Sau Rajani shankar lahamge says:

    Dear sir, please give such suggestion to take legal action against Jalgaon janta sahakari bank Dhule district. In fact that i am co-borrower in the property loan has been taken in 13.07.2013 against my residential house, but main borrower of loan does not paid any installment from the receiving the loan amount from 19.07.2013 i.e. the date of deposit amount from main bank in the main borrower loan account. the jalgaon janta sahakari bank Dhule district does not take any legal action against the main borrower who is government servant and lot of property owner i.e. pay slip, insurance policy, GPF, house and plote. from the loan amount 5% shares was deducted from loan amount i.e. Rs. 37500 but from that share only 5000 Rs. 5000 share is converted on my name and on co-borrower Rs. 32500 share converted on them. why jalgaon janta sahakari bank Dhule does not take any legal action to for recovery against loan from the salary slip of main borrowers or plot. Jalgaon janta sahakari bank Dhule sent me the copy of MSC act 1960 section 101 for possession of property.
    In fact i am going to the bank for only garanter, but they converted to me co-borrowers.
    all of the above matter was happened with me 63 years old and non educated. so please guide me for justice and know the rule in the MSC 1960 act cooperative society for co-borrowers.
    all of the above matter was happened with my mother

    your faithfuly
    Sau Rajani shankar lahamge

    View Comment
  • Sau Rajani shankar lahamge says:

    dear sir
    jalgaon janta bank does not getting any information about the loan document, he does not following the MSC 1960 section 32/30 so please guide me.

    your faithfully
    Sau Rajani shankar lahamge

    View Comment
  • Anil says:

    Is it compulsory for secretary to stay in the society premises?

    View Comment
  • ARJUN GOSAIN says:

    Sir…
    As I am president of Co operative society…one of the society member has complaint to Co operative Society Board that we have not done AGM since last 1 and half year….so please suggest
    What is the maximum time gap for not doing AGM…

    View Comment
  • In Gurgaon the Ast. Registrar office says that a person cannot sell his flat within two years. Is there any such law. And if so then how the buyer who has purchased such flat will get approvals from Registrar office.

    View Comment
  • ritu anand says:

    Dear sir,

    I need your kind advise on a recent incident which I have faced in my cooperative society. Firstly I would like to share that we have not paid the maintainance charges from June 2016 as the charges got increased and there was some dispute over the charges. However we never refused to pay either , we were only waiting for the final decision by society. We have never got any written notice for non payment.

    The general body meeting of our society was held on 11 of sep, and when this time the person came for collection we asked for minutes of meeting. Suddenly the very same day we faced the problem of water blockage in our kitchen area and we referred the same to concerned person and we were asked to visit the society office. To my utter surprise when I asked them to send a sweeper the president said that no one attended the issue due to non payment and when I said we have never received any notice for non payment and the consequences of non payment, they sent a demand notice . The notice rather seems to be a threatning notice as the language which has been used has really surprised me.

    Sir the pending amount is 1200*3 , and letter states it will incur 18% penalty and the notice fee of 100 Rs (this is the fee for notice which they have sent to us). The letter states that the society has decided to suspend amenities including parking,suspension of water . It states at the end that the managing committee may take unpleasant steps to recover the dues. This is the actual language used in the letter.

    I would like to share that half of our society member either does not pay maintainance and some even own money to society. This all happened post my visit and argument with president who himself has done some structural changes in his flat which are not allowed as per society.

    We have been issued this demand notice u/s 89(1) of DCS act 2003.

    Sir this is not a matter of 4000 Rs , its just that can such language be used against a widow senior citizen lady. Our society has already many concerns such as people have rented their garrages . I went their for hygeine concerns and they mixed it with maintainance charges .

    Please advise

    View Comment
  • Madanan S marar says:

    We have a lawn in our housing society about 25 m x 10 m carpeted with grass for garden sitting , leasurly stroll etc.children plying etc.. we have 182 flats. For the last 3 to4 years badminton lovers approximately 20 in numbers have been playing badminton in the grass portion from 6 am to 9 am. Now these people wants to convert this grass land into permanent badminton court by cementing and brick-lading it. Personally I am very much objected to it since i love greenry and grass carpeted lawn. I have spoken to committee chairman and he says a special general body meeting will be called where it will be taken for vote and I am sure the decision for conversion ill be made since normally in AGMs attendance percentage is 30 to 50 house owners only and badminton players and their friends are the majority in this 30 to 50 members who mostly attend all AGMs. So i would like to ask what is the way out can i object to this decision in a legal or other means so that they may resort to some alternate locations or alternate means for badminton playing and they stop conversion from grass to cement

    View Comment
  • Aditi paku says:

    Hi,

    I have recently purchased an apartment in a 2010 construction building (resale). In the AGM held this month, it was brought to everyone’s notice that the municipal corporation is giving the society refund on property tax which was paid in excess by all the members 3 years ago. The seller of my flat had paid the same. Wanted your opinion whether we are eligible to receive the refund as all rights on the property have been legally transferred to us (the new owner). The society is deciding to keep the refund money of the older members with themselves.

    Pl guide the rights we have and way forward

    Thank you

    View Comment
  • Aditi paku says:

    Thank you for your reply. I am in Mumbai. Will I still get the refund? Are there any laws regarding this that I can refer?

    View Comment
  • Rekha Shah says:

    I am not a member of Registered Co.op. Housing society but I Want details of Members of Registered Co-Op. Housing Society in Mumbai as we required details for Court Matter against one of the members of society.

    Can I get details on normal letter or i have to file RTI or any advocate notice.

    View Comment
  • ross deas says:

    i own 3 garages o the ground floor of a building in a coop society since 30 year the building has 3 etrnces but meemberbs staying in the buidling continue to use my garages as a pathway and damage scrape my car brak the mercedes logo and so on damage side mirrors due toback paks on school children as well society has been iformed time an again.. under the right t property propety paid for cannot be tresspassed by memebers usigit as a short cut to he lift ispite of 3 entrances.. can the fine of resspassing ca be applied of rs 15000>> can a shutter be put of the front of the garage ??

    View Comment
  • Prasanna Shetty says:

    Am a member in a CHS in Mumbai. The committee for the past 6 years has not issued Share Certificates, claiming awaiting lawyer remarks on share certificate application of members. This after complying with all the formalities of membership and also an additional affidavit on a Rs.300 stamp paper claiming flat on lien/no lien.

    Also, they are stating that as the flats had transfers before society was formed they are contemplating whose name should appear on the Share certificate, that of the applicant or of the earlier chain.

    View Comment
  • neermal says:

    Hi, i have bought flat in kandivali west in joint name myself and my wife. Bhavarlal b shah /Priya b shah , we had taken loan from hsbc bank in 2002 against the flat, we are in possession of flat since than. till date my society didnt have my records and share certificates . they said we didnt submit the documents. i say that original agreement copy goes to the bank who has given loan. now i have to sell the flat and completed my loans all the relevant documents related to my ownership have been submitted . means while i also change my name from bhavarlal shah to neermal shah , we have submitted all the relevant documents gazets etc to the society.
    i stay here with my wife and parents, society has not given me the noc and share certificate till date 15days passed. now they are saying they have received a letter from someone outside regarding dues of my parents outstanding.
    i say am the owner of the flat all maintenance , property tax etc are paid on time. now when we are in need to sell flat society is not giving clear answer saying it will take time. can anybody from outside by sending letter saying pls dont allow them to sell flat siince his dues are balance ? the letter / notic is on my dad name how can society stop in giving me noc.. it is his personal matter who is society to get involve in our personal matter and how can they delay for such reasons.
    pls suggest

    Regards,

    View Comment
  • Pinky says:

    Hye!!My Dad purchased a flat in a CHS somewhere around forty years back now he got expired we have true copy of agreement cash paid reciept but now some members are saying our flat is not there in building plan. Soon our building is going for redevelopment what are the possibilities for me to get flat.

    View Comment
  • nikhil Aggarwal says:

    Hello Sir,
    We have been fighting a case for last 8 years and need some advice.
    My father booked a flat in my name in cghs society in dwarka after an advertisement in newspaper for a vacant flat. ( in the same society he earlier booked flat for my sister and he knew the builder)
    We paid sum of 20 lakhs to society and got the receipt for share certificate of rs 100/-. But the application to RCS was rejected reasoning that society is under CBI case for clearance. We filled a case advocating that if other flats have been cleared why rejection for only one flat. Later on the society got the clearance from CBI.
    The case went on for 8 years in special court but judge only said that they have nothing much to do and we can give the written argument to RCS and they will clear it. However, now they have not passed that order and my advocate is suggesting to take it high court.
    I am worried if they will again take years of exercise. Do I even have a chance to get it cleared from RCS. Is there any vested interest of builder in this. Kindly advice.
    Also, in all this matter, we have got no objection from the society to give us the flat and they have even appeared in the court stating the same.
    Kindly advise.

    View Comment
  • Brijmohan says:

    Sir,

    If any Society Member has made Illegal Temporary Erection and he claims to pay Tax to the Municipal Corporation. As per the information i received, even after paying Tax, the property is illegal. So can Municipal Corporation destroy that Temporary Illegal Erection even after the member is paying Tax ?
    Second question is that can he pay Tax to Municipal Corporation without receiving Society NOC ?

    I need reply bit urgent as i will be meeting corporation office tomorrow.

    View Comment
  • sF Reshmi says:

    if a owner of one flat disturb by way of noise endlessly to another owner , what is the remedy to get rid of such disturbance,

    View Comment
  • Sanjay Radaye says:

    Dear Sir,

    If the member of the society is not staying here and he has taken another Flat somewhere else, but still he is member of the Committee member as a Chairman, can he be the Committee member of the society and he has given his old flat on rental basis, please give advise?

    View Comment
  • Deepak says:

    Sir I have two questions

    a. I m a resident of Gulistan CGHS dwarka our management team not giving accounts, balance sheet & bank statements to us and not even to MC members who were new in this team. What should we do

    b. Our President P. S. Gupta having membership no 138 & Anil Kumar Gupta MC member membership no 134 don’t have flat in our society and nor their name shown in DDA draw against any flat can they became part of management committee. They were managing the society from last 8 year

    Please suggest

    View Comment
  • R. Bhagavathi Rao says:

    I have purchased a flat in Visakhapatnam in 2003. At the time of booking of the flat I have paid Rs. 25000/- towards car parking to the Builder as per the construction agreement and builder has issued a voucher against the same. Subsequently he has alloted a specific slot car parking in the cellar vide letter dt 26.04.2010. However the same is occupied by another flat owner whose name is also mentioned by the builder in the earlier letter but no specific slot has been mentioned in this letter. I have also got registered the parking slot through the builder. The management Committee in its Annual General Body meeting has mentioned both the letters with regard to the car parking. As I am the legal owner of the said car parking what is the way to get the same vacated from the illegal occupant. Please give me the course of legal action to be taken. I will be ever tankful to you.

    View Comment
  • shridhar salian says:

    Dear Sir,

    Our soceity would like to go for redevelopment of our building and needs special general body meeting to be conducted at the earliest. However the managing commitee members are not calling the meeting and say that they will call the meeting at their will and own time.

    Now sir, pleaae inform whether the remaning memebers of the soceity can call the special general meeting bypassing the managing committee>

    View Comment
  • diva says:

    Society is claiming maintenance and property dues (on behalf of the builder) prior to its inception and threatening to put members on defaulters list. None of the Society dues are pending. Members have issues with the Builder in terms of excess charges and illegal extortion of money from such members

    View Comment
  • Hilda says:

    A person has sold his flat to his brother in law. He does not transfer the flat. The seller is enjoying the rights as member since flat is not transferred and his name is still showing as member. Please suggest

    View Comment
  • Mona says:

    To our surprise, PPAOA (Prestige Palms Association, Bangalore) is charging RS.1000/- (non refundable) for just truck parking and Rs.2500/- +Refundable) at time of moving in/out.That too when they do not allow lifts to be used at that time.

    Is this justifiable ? Do other appartmenta too do so ?

    View Comment
  • Anil kumar says:

    Dear Sir, i am the resident of Doctors Park vasundhara which is under the lease with uttar pradesh Awas evam vikas parishad. The society formed in 1998 and a lease agreement made with UPAVP. As per the lease agreement the society has to complete the construction within 3 years. and the society has to pay the due land cost. That land cost was due as on 2002 1.94 Crore with penal interest. But the society organizer did not pay the due amout to UPAVP till 2012. while the society has sold and taken money in their account( which never audited and submitted to UPAVP). Myself also bought and paid amount in 2006 as per due land cost with interest and construction cost and development fee.The society issued me a share certificate and possession letter with the receipt of the payment in which the bifurcation has been given.But the other buyer of the flats owner issued a cumulative receipt with mentioning bifurcation.that was the lacuna on the part of the other members. but the society which they sold from 2002 till 2012 did never paid to UPAVP. and UPAVP also never issued any court notice to the society till 2012. What the society did with authority of UPAVP the UPAVP suddenly issued a court notice to make due payment towards land cost with interest of 21% . The society went to high court against the high interest and not the due land cost which was pending from 1998 and 2002. the society managed to get the devree in their favour at the reduced rate of interest at the rate of 8%. to make the due payment more stronger the UPAVP appeal to SC and the SC given order to charge the rate of interest from 8% to 14%. And this happened during the period of 2012 till 2016. After the order of SC the society pressurised each and every society member who already made payment to the society against the land cost with interest and ather charges like developement and construction. What the society did that the sale proceed from 2002 til 2016 they never paid to UPAVP.Now the same society issued me also again a notice based on SC order to pay the due amount of land cost and penal interest theron. While I have already made payment to the society . As the fact is that can the society charge from the member twice the land cost with penal interest.
    Now what to do in this case ? every flat owners knew the fact that society has misappropriationed the crores that is why they covered this illegal misappropriation deed and the hide this under the curtain of the SC order but many of the flat owners in fear of loosing flat , paid full , in part paid money to the society. Please suggest me what to do ?
    1) Shall I also go for payment as others did ?
    2)Or shall I go for litigation and in which court whether at district level or to High court ?
    Note: I have already hired an advocate from my native place with the help of my son but neither spociety nor UPAVP has given reply to that notice so far but the society again reiterated and send me again the same notice to make payment directly
    to UPAVP.
    3)Does the society after making full payment to the UPAVP will get land registered in their name. does society has the full authority to vacate my flat ?
    Note : some of the society organiser threatened me to vacate the flat and they say whatever I made payment to them will deduct the notice amount and balance will be paid to me.
    ( Please note that I paid amount of Rs. 39 lakh to the society they charged Rs. 16.75 lakh thru DD and balance taken in cash. And society did with other every flat buyer so they issued in writing only the recipt of Rs. 16.75 lakh only.)
    I know that this the biggest ghotala in every cooperative housing society in ghaziabad and more or less is the connivance of the authority. Please suggest me what to do and which the good advocate or lawyer should I go for which never took money from the otherside party.

    View Comment
  • Maria Joseph says:

    Hello Sirs
    Based on your advice, I hired a lawyer to take up my case about misappropriation of funds by welfare soiciety called, Mullai Apartments Residents Welfare association in Chennai.
    Magistrate has given the order , which states , “Since, no representation was made :, the case is dismissed.
    Lawyer says, he attended the magistrate court. he was unable to answer his absence , which was the reason for dismissing the case.
    Now, lawewr syas , we will maker appeal in high court.
    I am not able to decide whether, the same lawyer can help me or should I find fault with lawyer and go to another lawyer

    View Comment
  • Rajesh Chakraborthy says:

    Can the residential societies clamp vehicles and ask for fine when released in return?

    View Comment
  • Lauren Rosettee says:

    Severe leakage from top floor for almost 2 years now.
    Informed society verbally and written letters, no action taken still, approached builder
    informed he has handed over to society for nearing 20 years.
    Got a contractor to check the flat above us he has informed that the entire Hall, and all three washrooms and toilets tills to be redone and gave an estimate of Rs.1.50 lac, which the top owner is refusing to pay a penny. our hall flat ceiling is getting worse day by day as there is continues leakage from the top floor, due to which not able to us one fan out of the two fans in the hall as current passes while switching the fan, because of which we had to disconnect the fan.

    I have a special child who is completely on bed unable to move and she is kept mostly in the hall during the day time. Being a working mother some time have to leave her alone for some time ( 30 min) till her father is back from his work.

    It is very dangerous to leave our child which a ceiling that is leaking since 2 years.

    Can you please suggest us how we can get the above flat owner to get his flat repaired.

    View Comment
  • Rajesh says:

    Sir we are part of group of society. We have different building constructed by different builders and then we have group society of all plots. Now group society is marking parking in our internal road and chanrging money for that. Internal road is still not handover to Goverment so is it legal to charge for road parking ? do society need to get permission from any development body for such parking allotment ?

    View Comment
  • Advocateji says:

    Dear Rajesh, permission required. You cannot earn on Govt land

    View Comment
  • Advocateji says:

    Dear Lauren Rosettee, You need to take help of any or our legal expert for immediate action. You need to report to SDM of the area besides police complaint and filing a criminal case in local court. You may contact any or our lawyer

    View Comment
  • Hussain says:

    Kindly share your contact number. I need to discuss many things which is going wrong in my society.

    View Comment
  • Advocateji says:

    Dear Hussain, We do not give any consultation. However you can contact any or our legal expert

    View Comment

Leave a Reply

Your email address will not be published. Required fields are marked *