Member is Consumer and Co-Operative Society is Services Provider

as per the Consumer Protection Act, 1986
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Consumer: Consumer is the person who avails the services of a services provider on payment of fair amount of money. Member and Tenant of a Co-operative Society is a Consumer under the Consumer Protection Act, 1986.

Services Provider: is the person or organization which provides the services to a Consumer on demand of an agreement to provide services for which the money may be received in advance or later on. The co-operative society is services provider after giving the possession of the flats to the members.

Service Provider not to charge un-fair amount: must be fair amount. The services provider can not charge exorbitant amount for the services. The Society has to present a budget to the members at least 14 days in advance along with Notice for AGM, to its members specifying the range of services and reasonable estimate of the expense and then dividing it by number of members and explaining that this particular amount is proposed by the Committee for approval in AGM or SGM. Any amount charged without this process is un-fair charge on the members of the Society because the rights of members has been snatched by the un-fair activities of the Society & the Committee.

Service Provider cannot charge for services not provided: When a Services Provider gives an offer to provide particular services against amount received in advance. So the Services Provider there after is responsible to provide the service or pay back the amount and damages if the Consumer has suffered due to his/her promise.

Services Provider can not Charge un-fair amount: When the Society charges 1500 for Function Charges for a year without knowing recording which member will attend which function and the cost of that only. It is totally un-fair for those who do not attend a particular social functions and may have to still pay the amount demanded by the Society.

Services Provider can not adopt Restrictive Trade Practice: The Society cannot ban the entry of a person or a vehicle of a person on the excuse of not having the place for parking in the common space for more than 1 Car of the members.

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5 Comments

  • Indrajeet Hingane says:

    Is there any case supporting the above contention?

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  • Sourabh kumar says:

    Sir my father purchased a land in Patna(Bihar) from grin nirman samiti a co operative society registered under co operative society act 1935.now he wants to sell it.society is creating trouble in issuing no objection certificate.is noc required by the society for sell of land.Here people are saying that as per the new laws noc is not required.sir please suggest me what should I do.

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  • shafi says:

    Hi..
    Our society has made a rule that parking charges should be on yearly basis (i.e MAY to APRIL) and not on pro-rata basis.
    Sir kindly let me know if member is a consumer then how come society can charge the member for services not provided.

    In my case i brought my vehicle in the month of Oct 2014.But the society is compelling me to pay the parking charges from May2014 onwards.

    Please suggest me what should i do.

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  • Ranjan Kumar Bag says:

    We are daily wages Labour’s.Right now our owner give us payment by cheque and he requires Bill from us.we haven’t any firm, trust it company so we don’t give him to Bill.so, sir pls reply us what do we happen ?

    Can I make New firm with 10 labour ?

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  • Rohit says:

    Hi,

    Our society Management committee has installed lights which creates disturbance at night.
    After many requests, they changed the direction, however, again put lots of lights under the my flat which is stilt parking area. This attract lots of children and pepole around and lot of noise is there all the time. Management committee does not reply properly and on umpteen request they feel irritated and play politics. Please advise how to get rid of this.

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