Public grievances of members of co-operative societies

CO-OPERATION AMONG MEMBERS: The members of the co-operative societies are shy of pin pointing the problems they face in a co-operative societies. Since all the members are required to live together in the society, they have to do face saving while inter acting for society matters. Most of the members are not able to devote their personal time for the society welfare matters, therefore they support those members who are devoting their valuable time for the other members of the society.

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NON-CO-OPERATION AMONG MEMBERS: The members of the co-operative societies are also having few members who are not the followers of others, they wish to give their suggestions rather constructive suggestions. But due to adamant attitude of members of the Managing Committee, they start opposing what ever is felt wrong by them. When such members become conscience of mis-deeds of the present managing committee, they stop co-operating with the members of the managing committee.

DUTY OF THE MANAGING COMMITTEE: The managing committee is duty bound to explain their stand and explain the bye laws, the act and the rules under which they have to work and in all cases the managing committee has to see that interest of all the member and resolve the grievances of all the members.

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REQUESTS & COMPLAINTS TURN INTO GRIEVANCES: Initially the members put up their application to the managing committee for their requirement. If the members are not provided what they need and there is no logic provided by the managing committee of not satisfying their need, the members complain to the President or Secretary as complaint. When the managing committee still do not listen to the complaints or do nothing to resolve the complaint, it turns into grievances of the members.

THE MEMBERS PUT THEIR GRIEVANCES TO REGISTRAR: When the members are dis-satisfied with the reply or non- reply or non-action of the managing committee, they turn their face towards the legal channels available to them. The most immediate channel is the Registrar of Co-operative societies. Therefore the members complain to the Registrar of co-operative societies by writing their grievances against their managing committee.

WORKING STYLE OF REGISTRAR: The number of co-operative societies have increased many fold since the allotment of lands in Dwarka, but the staff strength of the Registrar of Co-operative Societies has remained the same for the last many years. Therefore, there was no other option available with the Registrar of co-operative societies except changing their style of working.

Major change in the working style has been to leave the internal administration of the society to its elected managing committee. If a members complains against the managing committee, the attitude of the Registrar shall be to support the decisions or actions of the present or past managing committee itself. Such a style has in fact reduced the burden of work on the officials of the Registrar of co-operative societies but the members have been feeling neglected. Therefore, there is increase in the arbitration cases coming up in the office of the Registrar of Co-operative Societies.

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60 Comments

  • SURJIT SINGH says:

    This appears to be a very noble cause. I wish you all the best in solving the problems of the members of the societies who are suffering in the hands of managing committees

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  • kiran waljee says:

    It is an excellent forum and most ideal for those who are naïve and financially handicapped. The E.C. members of the Society are largely superfluous as far as application of the ACT, Rules made there under and the bylaws are concerned. THEY ARE IMMUNE TO THE PROBLEMS OF THE RESIDENTS AND AGRESSIVE IN IMPOSING THEIR UNLAWFUL DICTATES. LIKE ME MANY WILL APPROACH THE FORUM FOR ASSISTANCE. MAY YOUR BENEVOLENT INSTITUTION PROSPER IN AMELIORATING THE HARDSHIP OF MEMBERS OF CO-OPS. THANKS.

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  • R.K. Pabreja says:

    Can a Co-Op Housing Society having limited space left for parking of extra cars in open space, recover Parking Charges for extra cars of members. What Section/Rule under DCS Act, give support to have it passed in AGM.

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  • Rajesh Panikkar says:

    i would like to draw your attention to the fact that Resolutions passed in AGM/SGM of cooperative housing society is binding on all members, however many times the resolutions are passed by dominant groups who have majority in society. other members who oppose resolution are left only with option to challenge the resolution in a cooperative court, which is a lengthy process and hence discourages members from taking this step. The MC of the society is aware of this fact and is taking undue advantage of this situation. Certain Bye-laws can be interpreted in more than one way and this leads to ambiguity as the group in the society which is in power exploits this to its own advantage.

    i reside in a society in western suburbs of Mumbai. In our society the group enjoying majority has got a resolution passed to compulsory collect Cultural funds from every member of the society for festival celebrations. we have opposed this move siting that such collection need to be collected voluntarily. we talked to the secretary and the Managing committee however they refuse to listen saying it has been passed in SGM. we have consulted many people who have knowledge on this matter, we have also taken legal opinion and also through some web sites like CHS GURU and even they have opined that such collections can not be made compulsory even by AGM/SGM but still the society is adamant. our only option is to approach a cooperative court for relief, but many members get discouraged by the thought of going to court hence we have to accept the unjust resolution and succumb to the wishes of the Secretary and managing committee. If we deduct such charges and pay the maintenance bill it is shown as outstanding and they also levy interest on such outstanding. In the event of selling the flat the society demands outstanding to be cleared only then they clear the flat for transfer. members are subject to the mercy of such practises and they face a lot of hardship. to make matters worst the society approached the Dy registrar and obtained his opinion saying that if resolution is passed by SGM then it is binding on members. Based on this opinion the society has harden its stand against the members who are opposing this resolution.

    please suggest how do we address this issue

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  • kiran waljee says:

    Gentlemen, It is mandatory to clear outstanding dues, if any, before proceeding to sale a property. As regards collection of cultural fund under duress you may approach District Consumer Forum for redressal of grievance. No where in the Co-Ops Act or Rules made thereunder and byelaws, there is mention of such collection mightily. The General body is supreme but it has absolutely no power to side step or over ride the provision of the Act. It is left to your wisdom to proceed further or live with it.

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  • Rajesh Panikkar says:

    I agree that we have the best of law but the problem is everybody in the system is so corrupt that the common man is helpless. as you rightly said we have to engage a lawyer expert in this matter. but that means we incur expenditure on this hen we as well as pay the money being forcefully demanded under the guise of cultural fund, that would be cheap. now coming to the important point that they have got a opinion of the Dy Registrar that the society can demand such funds from members. this can not happen without corruption.

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  • Rajesh Panikkar says:

    Dear Kiran the outstanding is pertaining to cultural funds which many members have deducted and paid and the society is showing this as outstanding which is unjust and illegitimate.

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  • Devendra says:

    We have a very small society headed by an influential person . The problems comes when a work has to be undertaken the priority are not set as per the necessity and we have hardly 10-11 active members,rest either not staying Or investors , majority of which are favoring the wrong issues then 2-3 members are left without support of their wrong doings have to keep there mouth shut . Can we have a solution to this?

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  • Vijay says:

    Me and my wife are Joint Member of a Group Housing Society in Delhi since 1999 and have been issued Share Certificate in name of my wife (as first applicant) while my name appears as Joint/Associate Member. The facts are: 1. We issued separate affidavit at the time of membership stating that neither of us are holding any residential property in Delhi 2. Some of the payment receipts issued against construction money is in joint name prior to allotment of flat. 3. The Allotment and Possession letters are issued only in my WIFE’S NAME ALONE
    4. NOC of “No Dues” and for the purpose of Conversion to Freehold issued by the Society in 2011 is in JOINT NAME. 5. Monthly maintenance bills are being issued in JOINT NAME since 2011. However, the Managing Committee has disputed my Joint Membership and have issued a letter stating that Allotment and Possession letters are issued only in my wife’s name and hence it cannot be considered as Joint Ownership/Membership. It would be pertinent to add that I have never withdrawn my name from the Society nor the Society ever raised issue or objected of the subject earlier but due to certain episodes in AGBM, they issued a letter only recently conveying their decision. May I request you to kindly advise legal status of my holding Joint Membership of the Group Housing Society. Also, please let me know the difference in Joint and Associate Membership. Thanks

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  • Vijay says:

    Thanks for the quick response and I really appreciate. While am aware of the DCS Rules and have read By-laws of the Society, there is no provision to suggest that Joint membership is dis-qualified on the pretext of Allotment letter getting issued in single name (and that too would be a mistake on the part of Society, if any) and I had brought this issue number of times to the then Secretary who confirmed that Allotment and possession is always provided to the first applicant. However, I can share the documents for the clarification, please let me know when to approach you. Also, whatever I conveyed in my earlier message is the exact position as per documents in possession and verified. Thanks

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  • Vijay says:

    Thanks again for the response. my apologies if my immediate last msg conveyed a different meaning. What I meant was that I was able to read the DCS Act and Rules, along with By-laws of the Society but did not find any reference or interpret on the status. As already conveyed, I am too willing to show the document and requested for a suitable time to have a legal opinion on the status of my Joint Membership on the basis of records. Thanks

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  • sanjay doval says:

    i am a part of a housing cooperative society, which collected money from its members around 4 years back for purchasing land at a designated place later constructing flats on it for its members. till date the society has not purchased land and neither is disclosing what is it doing & where has the money gone. the society claims that they have made payment (almost 90% payment made almost 3 years back) to a company for purchasing the land and the company is not giving them the promised land, where as the land the society claims to have paid for is not even the property of the said company and neither in its possession. the society is neither taking up the matter with the said company and neither sharing any details of the deal made with the company. when ever the members ask for the status of the land the society conveys that the process is on and the the land will be handed over to the society shortly. in my opinion i feel the society has cheated its members can you suggest that what action can we members take against the society management, and how can we get our money back.

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  • Dr. Meena Jain says:

    I am a resident of Aastha kunj GHS, Dwarka. The society ask me to pay Rs. 10,000/= as security amount to ensure that I clear malba created in renovation work. After completion of work, I have been requesting society since March 2013 to refund the security amount which the society is not returing. I even wrote to society to adjust my bills against the security amount but society refused to do so.
    On my insistence to get back my security money or get it adjusted in my bills, the MC of the Society took more objections to my renovation work similar to which existed in other flats.There is a passage leading to the main gate of my flat and no other flat owner need to go through the same. In one side wall of this passage, there is a window type opening which is closed by walls from other three sides but not from top or bottom and thus creating a vertical shaft. The wall at the back of this opening is at about one and a half feet and not having plaster and looks ugly. For security reason and to stop entry of mosquitoes from this vertical shaft, I closed this opening with opening/closing type doors and utilized the space over the thickness of the wall for storing my belongings. Many other flat owners have closed this window type opening in the wall and one flat owner even occupied the passage itself by putting a grill gate at the entrance of his passage.I have been singled out for using the space over the wall in the opening, not blocking any floor area and asked to pay rent of Rs. 4,856/= by the Society in Jan. 2014 bill.
    Kindly advice if the society can keep security amount, not adjusting it againt bills and charge rent of Rs. 4,856/= only from me and not from other members.

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  • Ganesh says:

    Subject: Grievances over certain practices adopted by secretary, chairman and committee members.

    The Respected Sir,

    With reference to above captioned subject would like to highlight some practices which are unnecessarily adopted by Secretary and chairman of the Green Arch society.

    1) Demanding heavy parking deposit for car and bike open parking facility, also asking us to pay parking charges monthly. We have already provided duly signed letter of 25 members to Secretary for removing the deposit of car parking charges.

    2) Secretary called for urgent society meeting by just giving one day notice for dissolving the committee.
    3) Taking undue advantage of the position, if we raise any concerns politely or formally it never get resolved they just say that the resolution is passed, so you need to wait till another AGM.

    4) We never get any formal responses or acknowledgment of our letters and try to divert the topic.

    5) Without intimating and providing correct bifurcation to the society members they are levying fines and arrears under maintenance receipt in parking charges section.

    6) Also suddenly demanding for heavy building repairing fund without intimating the society members and levied under maintenance receipt to pay at one go in next 45-60 days around 15000/-which feels to me as a mental harassment.(We have already funded/paid 40-50,000 almost each flat owners one years back for the building repair fund)

    My humble request you to please help and advise us to resolve the above highlighted matter as per proper procedure and law.

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  • Dr. Rajendra Nayak says:

    I am a hard core atheist and in my society they proposed to charge this type of money making fund. I told them I am least bothered as to what you do with your money but do not force me to pay for religious activities. If forced to pay, I said I will come drunk and eat beef products in front of all Gods and then they said we will not charge you. You need not get scared to pay this money towards culture and religious functions. I have also fundamental rights when the society says I have to pay for their religious celebrations and I have fundamental right to eat beef inside the society premises. Let them file a police complaint for hurting religious sentiments and you also file one for infringement of copy right act when they play music. Send letters to the whole world about the infringement on your human rights. The end is that nobody can force you to pay for somebody else’s religious entertainments. There is a H.C. judgment I feel which says society has no right to carry out religious activities by forcing all to pay for it.

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  • C.K. Subramanyam says:

    I am staying in DDA Flat, Mayur Vihar Phase – III, Delhi-110096. Our Pocket-I is also registered under Societies Registration Act 1860. If I have to lodge a complaint on the functioning of newly formed RWA Committee whom should I contact. Can I have the contact details, address & phone numbers.
    Thanks
    CK

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  • C.K. Subramanyam says:

    We have enough funds in our RWA account but the newly formed RWA committee has increased maintenance charges exorbitantly (Rs. 300.00 – Rs.500.00 which is 67% increase) and existing President of our RWA is really adamant. We were regularly paying maintenance charges from the inception of our RWA wayback in 1998, but when they increased the amount we have paid only Rs.300.00 per month from July-Dec’14 by cheque payment. They have not deposited our cheques. We are really law abiding citizens, in fact I was also President of this RWA, Pocket-I, DDA MIG Flats, Mayur Vihar Phase-III, Delhi-110096 for two years, from 2011 to 2013. I know each and every penny of income and expenditure. I have given them the figure of maintenance charges should be Rs. 400.00 after working out the actual Income vs Expenditure for the period Apr-Nov’14, as discussed in our Special General Body Meeting called by the President when we asked for it. Even then he is not ready to reduce the amount. Now that the Holi is approaching, he is compelling us to pay or not to attend the Holi Celebrations. Even though a small amount will be collected (Rs.300.00) from members for the Holi Celebration, a major amount will be spent from RWA funds, as Rs.300.00 is not sufficient. When we have barred for the Celebrations how can the committee spend money from RWA funds. My logic is that how can they spend money from RWA funds when we have told not to attend the function. We have contributed till now for RWA funds and suddenly how can they spend without our consent. I request you help to stop they Holi Celebrations or let them celebrate within the amount they have collected from individuals. Please help us or advise wheat to do.
    Regards
    C.K. Subramanyan

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  • tarun says:

    I want to sell my flat within a year of purchase but my secretary is not allowing me to ,saying that u cannot sell ur flat within one year of purchase pls reply where as I have the share certificate also in my name no past dues nothing what so ever

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  • P K JAIN says:

    I am a member of Milan Vihar CGHS Ltd.in Delhi (Patparganj). The MC members are approving and spending amounts (say about Rs.50000o/- on a single item) approval for which is required in the GBM . Can a member file a legal case against the Managing Committee and who all would be made party to the said case ?

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  • P K JAIN says:

    Resending my previous post due to error in amount – I am a member of Milan Vihar CGHS Ltd.in Delhi (Patparganj). The MC members are approving and spending amounts (say about Rs.500000/- on a single item) approval for which is required in the GBM . Can a member file a legal case against the Managing Committee and who all would be made party to the said case ?

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  • P K JAIN says:

    can a MC member of a Cooperative group housing society file case of mis-management of funds or negligence in management against its Managing Committee ???

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  • umesh kumar prabahakr says:

    Am i a consumer for the managing board of the society wherein managing board has had a maintenance agreement,on behalf of residents, with a company providing maintenance services in the society. Managing board is not listening to the issues related to the poor maintenance services provided by their’s appointed maintenance agency.
    Also the maintenance agency argues that all the issues they will address/resolve which will be rooted through managing board,only.
    I am paying the maintenance charges directly to the maintenance agency in accordance with the agreement signed with the managing board.
    Also i alike many other residents have become soccer between managing board and the maintenance providing company.
    Please guide me whether i am a consumer for the managing board? If yes,there is any such reference case?

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  • P K JAIN says:

    In the last GBM, the members have approved a MCD water connection in each flat beside existing water supply by the Society. The society had earlier spent approx. Rs.10 lacs on CCTV and boom barriers from the Society’s fund without GBM approval. Now the society has has asked the members to contribute to the cost of providing MCD water line. Can the society ask members to contribute for such things ?

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  • P K JAIN says:

    Minutes of MC meeting – Our Society is not sharing the minutes of the MC meetings with the members. Is a member not entitled for the minutes of the MC meetings. I feel the MC is nothing but a body elected by the members itself to take care of the day today affairs of the Society and hence the members have all rights to see the Minutes of the MC meeting to know how the MC members are functioning. Your advise is requested on this so that we can take up with the Society accordingly.

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  • kamranar says:

    I am staying in 2nd floor of the housing society and my neighbour who is on the 3rd floor is creating nuisance by installing the AC in my balcony , thing is the balcony does had a roof just above my flat , its roof is on the 3rd floor , now the owner of the 3rd floor flat had installed the AC in my Balcony ( on his outer wall ) , that AC is causing hell lot of problems previously peigons use to sit on it and not now that AC is creating so much of noise that we cant even sleep , i told to owner of the flat multiple times , but he is just ignoring and telling that if you have some serious concerns then talk to society , when I am complaing to society they are telling that they have told the owner of 3rd Floor , but he is ignoring , indirectly I am getting hint from society that they dont want to get in this mess , solve on your own … please guide what shall i do next , is it not society’s responsibilty to intervien in between, ?

    Regards,
    Rahul

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  • kamranar says:

    hello Sir , I am in Pune and its a Co-operative housing society ,

    can you please let me know what you mean to say by ‘what are its bye laws’ ,

    Is it not a common by-laws applicable throught the state ?

    Please advise

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  • I am a resident of a chs in Pune. The issue I am facing is as follows.
    A leakage from one of my bathrooms was affecting the flat below. No plumber brought by the society couldn’t determine the cause and all gave conflicting opinions. We assured the MC & affected neighbor that we will do the repairs as part of our bathroom renovations at our own cost.
    The MC withheld NOC for bank loan until we specified a timeframe in which we would commence works. We provided the timeline and they issued the NOC on this basis.
    3 weeks into the renovations, they have given us notice to cease all works, stopped our workers from entering the premises, demanded inspection of works stating that we have not given application & particulars for the same.
    Please advise what can we do to resolve the issue.

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  • abhijeet kamath says:

    i am a resident if a chs in Mumbai
    The issue i face is a pretty basic one .. can a chs board refuse my choice of an internet service provider and force their choice on me ?
    i have received a copy of the by-laws of the society and its not mentioned anywhere that they can do such a thing .. is it possible ?

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  • Rakesh says:

    IN HOUSING SOC BYE-LAWS, FOR COMMITTEE MEMBERS EXPENSES LIMIT IS UPTO 1 L FOR UPTO 100 FLATS, Can any CHS modify this Limit like “Special GM shall be called for the works bearing Expenses above Rs.5000/-“.

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  • Vipul a. vora says:

    Can hosing society collect the cultural fund from the members if AGM passed the resolution. if 10% members are refuse to contribute the same what action society can take. I am from Mumbai,Maharashtra

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  • Himanshu says:

    We have a multistoreyed building in West bengal….my querry is regarding the use of a fire elevation which is attached to my flat having an entry from outside my flat…all my windows overlook the elevation and you can come n go using windows of my flat….querry is that RWA says its a common area so key will remain with RWA but since it affects privacy and security of my flat I want the key to be kept with me.

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  • Pankaj Sharma says:

    I have a bought a new property in a CGHS in Delhi and the society office has told me to deposit Rs. 75,000.00 as welfare fund which every new member has to pay.
    Kindly advise does such fund exist and what is the rationale .

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  • I am a permanent resident of a co-operative society and my flat was damaged due to the severe renovation of another flat. is there any co-operative rule by which action can be taken against the defaulter?

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  • BS Chhina says:

    Dear Sir,

    Our CGHS has two type Flats having area 85m2 and 120m2. More over bath rooms 2 & 3 respectively, Where as maintenance charges and water charges are same instead of charges as ratio of flat area.

    As big flats strength is more, the individual residing in small flats are not given Justice.

    Kindly advise what is as per rule

    Yours Sincerely

    BS Chhina

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  • SSharma says:

    Hello Sir,
    I live in a co-operative Society in Rohini(Delhi). I was looking for your help. Please help me with my below concern:

    (My flat is on top floor)In my balcony outer wall (Latkan) had cracks which you was not repaired from last many months. We sent many emails from March’15 regarding the repair, it was management duty to get it repair within the time but there was no prompt response from their side and they started repair very late. This repair was started like their mind wants and in this, I was not playing any role in it. I didn’t promised them for any kind of labour amount.

    They didn’t allow the labour to make the wall at the same place where it used to be and told them to make it on the Lentor due to which the wall fall down as soon as it was created. It means that they are try to play with the life of my family.
    As it was totally Secretary and President Fault, so I asked them to get it repaired. But they denied at that point of time. When I said them that I will report in Police station, LT governor and Registrar. Then they requested me not to tell it to Police and promised me that they will get it repaired for me (which includes the pay for the amount of material and labour.)

    As the work which was started by them, got stopped by them in between and they denied for further continuation of work. Then, I started the work (where they left it) by my own as I was obligated because I was worried about my house, because if it rain, then whole water may get log in my house and damage the wood furniture. So I started the work and I spent Rs77700 in total.

    According to the “Delhi cooperative group housing society act 2003 and rule 2007”law and this law was decided in “” GBM in 2009”, this repair need to be done by you.

    Side by side, I had physically and mental loss and I also had loss of my work .In this, I had a loss of Rs40000.

    This is all happen due to President and sectary mistake. You have betrayed and discriminated me at every point and I also have proofs for it. So, in total, you have to pay me Rs77700 + 40000= (1,17,700) . Kindly
    at earliest otherwise interest as per the law shall be charged.

    The above is the talk happened with them , Could you please help me with below points :
    (i) What is the minimum criteria/time limit in which they need to get the damage repair ? (like 1 month / 2nth or 3 mnth)
    (ii) As they are denying for the money , so how further i can proceed this case ?

    Regards

    S.Sharma

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  • priyanka says:

    Dear sir..I have been harassed by the society to move my car from the front open parking to the back open parking of my bldg which is unsafe for parking….as they want to park two wheelers in front open parking there…but my point is as I am parking there since last 5 years…as first come first serve basis….now people who have purchased vehicle can park at the back of the bldg…but society is insisting that…v need to move our car at the back of the bldg as it is societies decission…..which is unfair n biased….my question here is ……is there any rule to support my stand…….
    p.s…parking space is open….n no body owns it personally…..

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  • Pushkar says:

    Dear experts, we are urgently looking for a good lawyer who understand the CGHS laws in Gurgaon. Pls suggest . This is a case regarding Shanti Niketan CGHS in ggn where few builders have duped 100 flat buyers by creating a dummy management committee to sell the flats and then diverted the funds of the society. Result is the construction is stuck for past 5 years. The old management committee has vanished and AR office ha done nothing. Pls help and suggest 2-3 lawyers we can engage to fight our case.

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  • Shubhangi says:

    Can a committee member give permission to a vegetable stall inside the society pemises for which I have objected because I feel it is posing a threat to security of society members.as outside people are coming inside at pretext of buying vegetables. Please coment what to do next &what is right way to solve this problem.

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  • Abhishek says:

    I would like to know if the building society enforce on its residents the monopoly of vendors like Cable TV provider or Internet Service Provider even though better options (i.e. rates and services) are available in the market. If not, how can I go about addressing this issue with the management committee? Thank you.

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  • Narender Jha says:

    In cae of a Society Paradise Apartment, five six members of tower B-1 flat No b1/202, 203,204,205,206 and 207 have decided to unauthorisedly / illegally extented the from balcony. The MC has call3d the members on 4-9-2016, and requested them to wait till 25-9-2016, since AGBM is to be meet and Extension of the Balconies is one of the Agenda item. MC requested all the members of the Tower B-1 tower no 2. BUt they donot bother and statrted the illegal construction. MC is helpless and cannot do any thing since few memebers have misbehaved with the Officiating SEcretary. What course of action is available with the MC to stop the construction in future and in the past the members have constructed.

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  • Narender Jha says:

    Dear Sir,
    In connection with a Group Housing Society the approved area of balcony is about 8 feet X 7 feet.. The members want to extend the balcony. The extended balcony are will be 8feet X 10.5 Feet. Whether DDA/ MCD will allow after taking the compounding penalty from those members and declare as a legal. IF so what is the procedure for this.

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  • Narender Jha says:

    Dear Sir,
    The society has allotted a balcony approx. 8X7 feet and the resident to extend the same by 8×10.5 feet or more. Can a member can do so. If yes what is the procedure and where to approach

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  • Vikas says:

    Dear Sir,

    We have an old RWA in our society which was formed by some people witout election process 10 years back. But they didnt do any constructive work in all these years.
    To develop the society and unite all people we have started the process to form a new RWA. we invited nomination and conducting elections. we have support letter signed by approx. 100/135 members. But the old RWAs old horses are of he view that thenew RWA cant be formed without dissolving old one. old RWA is not a registered society. Please advice what we can do.

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  • Vikas says:

    Dear Sir,

    We have an old RWA in our society which was formed by some people witout election process 10 years back. But they didnt do any constructive work in all these years.
    To develop the society and unite all people we have started the process to form a new RWA. we invited nomination and conducting elections. we have support letter signed by approx. 100/135 members. But the old RWAs old horses are of he view that thenew RWA cant be formed without dissolving old one. old RWA is not a registered society. Please advice what we can do.

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  • Vikas says:

    Dear Sir,

    In our society we have an old RWA, which was formed by few people 10 years back without election and this RWA is unregistered too. They chose themselves the people and formed it. They didnt do anything for the society development. People also stopped giving them money. Situation is that There is no functional RWA now.

    We youngsters in the society, joined together and planning to make a new RWA by election process. We have support letter signed by 110 out of 135 houses to conduct election. We invited nomination and will be conducting election soon.

    But now as we have started the process old RWA has resurrected and saying we will not let the elections happen and saying that we cant do this as old RWA needs to be dissolved. They are unwilling to form a new RWA with election process.

    Please advice.

    Regards

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  • ganesh pawar says:

    Whether any member of the society can discuss personal matter in Annual general meeting?please guide us?

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  • Manish Manghnani says:

    Sir, please advise, is there any law if societies can use any email for communication, it’s in Mumbai.

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  • Yogesh Karandikar says:

    Hi,
    I am a member of CHS and our society has taken up redevelopment process. In this the sgm passed a resuolution of appointing a `x` PMC for consultancy work and the same has been minuted in the MOM. Now as per bye laws we needed to issue a appointment letter within 15 days. But managing committee intentionally did not issue such letter even after reminding them to do so. now my question is can the managing committee do such dubious behaviour and not respect the majority and evade giving such letter to the selected vendor.
    The MC is trying to push for other vendor which the majority has rejected.
    Some of the members have expressed their concern over this matter ( almost 18 out of 106 members) by written letter
    What are the steps that we can take

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  • Tanu says:

    Sir,

    I along with few other residents of our Society are facing a big trouble with our Managing Committee (MC). In our Society a road construction work was done and residents were asked to pay Rs. 37000 each which we all paid. The Road Committee of 2 people was formed by MC without the consent of members for it (would like to bring to your notice that there are only 2 members in MC – President & Secretary, most of the nominated members have neither been given any responsibility nor they are decision-makers for any work done in Society).

    Sir, before the road construction work could start the Road Committee (RC) began to build a new Guard Room without notifying the residents and spent 2 Lacs out of total amount collected from members against Road Expenses. Before it could be built completely, majority of residents opposed its built bcoz firstly it’s construction was not needed at first place. Secondly, it blocked the gate entry of vehicles bcoz of which the cars had great difficulty in entering & exiting the Society. Hence due to mass oppose the new guard room under construction was demolished and hell lot of money was spent from Road Expenses amount in its demolition. Sir, Bcoz of this and bcoz of spending money lavishly on purchase of expensive tiles etc. which was beyond the initial estimate given to us, the cost of construction shoot up and as a result we all members were told to pay Rs. 5680 as an additional cost for Road Expenses per flat.

    Sir, we opposed to this sudden notification of additional expense and collectively objected to it by raising our issues & concerns and also asked MC to show us the receipts, contract copy of vendor etc.,however, the MC did not display any of these. We asked MC to call upon an Annual General Meeting, which has not been done since last 1 year and submitted a signed Agenda with issues for discussion including seeking clarification on increased road expenses. The President of our Society has denied verbally that he will not conduct the AGM and advised people to come to office individually to see receipts etc. Moreover, now MC has threatened all 15-20 members who have not paid Rs. 5680 amount as additional road expenses along with interest of Rs. 190 imposed on us due to non-payment of 5680 amount stating that they will cut down the power back-up supply to these members whenever the main electricity will go off. Sir, we all have been regularly paying the maintenance charges of Rs. 6300 paid once in 3 months which covers the cost of Diesel required to run the the Society’s Generator then how could we be told that we will not get the power back up. Moreover we had already informed MC through email well in advance that we will make the payment once the AGM is called upon & our concerns related to Road Expenses are clarified.

    Sir, we are bothered about this and would like to know what can we do from our end and what all legal action/procedure could be taken by us? Would be really thankful to you. Thanks!

    P.S. There are total of 122 members in our Society.

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  • Lt. Col. VB Manocha(Veteran) says:

    WISH TO FIND OUT IF THE RESOLUTION PASSED IN THE GENERAL BODY MEETING CONCERNING MONTHLY CHARGES REQUIRED TO BE PAID BY MEMBERS OF ASSOCIATION AND NON MEMBERS, IS ENFORCABLE BY LAW. IF YES THEN UNDER WHAT RULING OF COURT ORDER.

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  • AGM says:

    I our society no proper resolution to members complaints is given by society committee. When we try to approach Chairman/Secretary of society chairman/secretary always say that they don’t have time. Managing Committee is totally non-operative and do not respond well to the member’s complaints by giving an excuse of time. It seems that they have a feeling that no one can raise a voice against them.
    Your help is requested to tackle this issue.

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  • AGM says:

    In our society, no proper resolution to members complaints is given by society committee. When we try to approach Chairman/Secretary of society, chairman/secretary always say that they don’t have time to discuss. Managing Committee is totally non-operative and do not respond well to the member’s complaints by giving an excuse of time. It seems that they have a feeling that no one can raise a voice against them and no one can cause any harm to their position. They have been started taking an undue advantage of their position.
    Your help is requested to tackle this issue.

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  • Deepak Wagh says:

    Hi…
    I have a proprietorship firm and i am paying my society maintenance from my company’s current account. However the secretary out of personal grudges have told me that he wont consider payment from company’s account.

    As per by-law can one make maintenance payment from their proprietorship company account…???

    I really Need your help.

    Regards,

    Deepak Wagh

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  • Gregory E. Dsouza says:

    Dear Experts,
    housing maintenance at the time of registration owner names were entered but on the sale deed papers the name of the owner is either the spouse in whose name should the share certificate be written?
    shops are independent from entering while flat owners have come entrance and openspace in the backyard and open space infront of the shops also belong to the society as undivided property. should the shop owners be made to contribute for developing land and common entrance to flats or backyard and flats owner have any say when shop owner claim open space for business necessity?
    Thanks.

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  • J. P. Singh says:

    In our Society, it is dominated by Karalites. They do not allow to celebrate any North Indian Festivals except Holi and Diwali. Management Committee Members are not elected. A group of people are there who, are always in Management Committee. Election Observer is also called from one among their friend, who is from Kerala. North Indians are less in number. Under this circumstances what is required to be done.
    Thanks.

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  • Kapila says:

    Sir my paternal uncle had booked a flat in 1979,which was later transferred in my name in 1989.i paid full amount in 2003.my name has not been verified by RCS yet.society is now asking for maintenance charges for the unalloted flat.from the year 2000.alongwith 28% interest,on appealing to RCS,they have told society that according to DCS Rule they cannot charge maintenance charges but society refuses to give me my share certificate and NOC. What should I do.

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  • minhaz says:

    we have 10 year old apartment in which we are staying since 9 years. initially it was maintained by the builder but as he was going in lose and people were not co operative he gave it and security person started keeping the maintenance money and till now the society is not been formed and we dont know the amount money going. Also when we need to do any extra activity we need to put in extra money as we dont have the balance details. can we force from government source to form society that will help us

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  • Meghal Tanna says:

    the society in which I Stay is planning for redevelopment and they have appointed PMC for the same , they involve him in every committee meeting but children of meme era are not allowed wherein parents are aged.also after repeated reminders tender documents are not shared with members , also have given complaints many times on a group of people sitting in the society premises as they make girls feel uncomfortable to even pass by in front of them . The secretary and chairman are just not taking action. I have asked for all documents related to redevelopment but none are shown and shared . We have also shown objection on PMC and the area we are getting in redevelopment but they are claiming if the quorum is done we will go ahead,members are not respected , girls are uncomfortable in the society premises.Kindly advice , I would want to take legal action against them and want the committee to be sissolved

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  • om sudama gpld says:

    As our plot owner given power ofattorney to developer to develop building.she has occupied back side open space of society and enclosed with grill and plastic sheets and also not paying maintenance and not becoming member of the society.for maintenance & membership we have lodged a case but for enclosure of society’s premises,where should lodge the complaint because so many times we had been to kdmc to complain about but no action has been taken.pls advice us.

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  • Ashalatha Gupta says:

    We live in a gated community with HIG and MIGflats falling within the same boundary. The swimming pool facility is only for HIG and not extended to MIG. Now the problem is we are not able to convince little children on the divide, hence approached our association to extend the facility to the children in the age group of 5-12 on payment basis. But the HIG residents are not willing to be generous enough towards the small children. Is there a way out, and what can be done in this regard to stop the suffering of the little children.

    Please guide.

    Thank you,

    Ashalatha Gupta
    rajivgupta3174@gmail.com

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