Registrar can order inspection of Society on complaint of 1 member

Under the law, if a serious complaint is made by a member or a public servant in writing about the affairs of a co-operative society  or its managing committee or office bearers to the Registrar or to any person authorised by him in this regard……….. he may order an inspection in respect of only issues or issues as the case may be , raised in the complaint and the inspection shall be conducted by a person not below the rank of Assistant Registrar.

Copy of the inspection shall be communicated to the co-operative society within a period of ninety days (90 days) from the date of completion of such inspection.

2 a society

Some times it happens that the management of the Society are functioning arbitrarily and without following the Bye Laws of the Society. In such a case, if one or two members complain for wrong doings of the society to the Registrar, the Registrar may or may not take action. The registrar do not move as all the Govt departments claim that they are short of staff and their work has increased many fold. So RCS is also a Govt department, they also say the same. The result is that many illegal activities of the management of the Society go un-detected by all. At the time of audit, the auditor also do not take any care of catching the management for not following the laid down procedures. In fact the auditor helps the management to get rid of the shortcomings by preparing the records at back date and avoid any of his remarks. No remark No problem.

We have practically experienced that even if 1 member of the Society makes a solid complaint to the Registrar with copy of proof of wrong doings, the Registrar can and will order inspection of the Society records and if any one of the member of the managing committee are found guilty, the Registrar gives punishment as per law. There after no one dares to commit such wrong doing in the Society.

Therefore, where ever the members are conscious of their rights, they pin point the mistakes of the managing committee, they do not hesitate to complain to the Registrar and if the Registrar do not take appropriate action, they lodge a case against the management in court of the Registrar, the Registrar becomes bound by law to summon the society management to the court of the Registrar and reply to the allegations. There after, if the allegations are found correct, the registrar gives chance to mutually settle the complaint between the society management and the complainant. If it is not settled, the guilty gets the punishment as per laws.



  • Sonali says:

    A very informative article. Thank you. I am in a ditto/similar situation as above, where I have approached registrar of societies with a serious issue, and the officer acknowledged verbally the problem but said he will accept the grievance letter only if I come to with a 1/3rd votes/agreement, where I possibly cannot get such a support as the problem affects only me and couple of my neighbours(this is about commercial activity running in my neighbouring flat). Looks like I need to pay for him to act which I am not alright with. Can you advise, besides going to court if any other approach like reaching the higher ups would help? Thanks, SL, Bangalore

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  • Natalina Sanctis says:

    Major repairs of the bldg is being carried out on the 30 years old buildings without the mandatory structural audit report, no calling of tenders and contract for repairs given to contractors having no reputation and without any guarantees for the work. We have raised objection to the repairs being conducted without following proper procedures, and so we have not been contributing to the repair fund. Now they have passed a resolution in the AGM to levy 21% PENALTY on the monthly maintenance bill. My query is : Is the committee legally correct to carry out repairs without following the mandatory procedures. Can they levy this major repairs fund contribution in the monthly maintenance bill and charge us interest at 21%. ?? We have written to the Registrar, but as usual there is no response from their end.

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  • Jai Shah says:

    In our society members are claiming open parking as they have purchased from the builder but no one is showing any written proof….what should e
    I do ???

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  • Jayant Patil says:

    As per audit I got, there are many points raised by Auditor. But I am not sure how I individual can take action on this, because other committee members know this and non supportive. Kindly coordinate with me.

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  • Vishwanath says:

    I am member of sanchar vihar cghs reg no 1323 sector 4 dwarka new delhi. The president of current management committee has resigned a year ago. no general body meeting was conducted since oct 2013. Audit for 2013-14 and 2014-15 not done so far. this committee is demanding water charges of Rs1200/ in addition of maintanance of Rs1750/p.m for r.o installed with out consultation of members. Now the committee is collecting Rs20000/ per member to get membership regularised even though we have paid Rs20000/ as penalty to RCS and Rs1000/ to DDA during 2012.

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  • vishwanath says:

    In continuation to my above complaint,i am happy to say that in spite of my complaints to CM DELHI, LG and the REGISTRAR OF COOP SOCIETIES,57 members of our society hane got their membership regularized!’ SATYAMEVA JAYATE!’ Song appropriate to the issue–‘men may hi vishwas, poora hi vishwas…….Janey be do yarro!!

    As the present management committee have failed to submit audit report for 2013-14 and 2014-15 on time and failed to conduct G.M, can they now call for G.M prior to election for new governing body?
    2501 sanchar vihar cghs sector 4 dwarka new delhi 78

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    Our Former construcion Committee (1996-2006)has built a Society Bldg.while doing this they have not taken PLINTH CERTIFICATE,due that Muncipal Corp. has fined Rs.50-thousand each for all 40 members.The said committe had done fradulant work as under:
    1)Former Voice President has owned a flat of someone members on his wifes’ name,by fradulent costing about Rs.55-lakhs .
    2) Said commitee has also not done AUDIT for the bank transaction made about Rs.22-lakhs in the year 1997-2003 as the records of the same were not maintained.Said fact raised by AUDITOR in his Audit report in 2003-04,but said committee has also ignore the same. Till no Audit done.
    3) Last committee(2010-14) has built a illegal shade on TERRACE and expended Rs.5.50 lakhs. Now,Municpal Corp. has order to remove the said Shade, otherwise OC will not sanctioned.For removal of the shade Rs.2-lakhs expenses recovered from Society members.

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  • Lester Fernandes says:

    I am a member of a Housing Society in Virar (E), The secretary of my society has not done his duty well. He has not had the AGM meeting and the General Body Meeting and he has completed 5 years in the society. How to remove him out from the post of the Secretary. Whom should I approach or complaint against him. Can somebody come to our society and inspect the society.

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  • rohit oswal says:

    Nirmal nagar Co operative housing society pune …society chairman demand 75000 for transfer flat…chairman blackmail me
    ..I need loan for my house ..I apply for noc ..but I don’t get…I have purchase my flat in 2010..

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  • Mastinder says:

    I am from BANGALORE .So where I need to fill complaint against society office bearer.

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  • We are co op soc ltd in ambernath our ex secretary has damage the building structure for personal use pls suggest were we can file case against him

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  • Anand says:




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  • k m chavan says:

    my flat on 2nd floor and above 3rd floor flat likege ( drop toilet water ) a toilet in my kitchen last 6 month. i am so-many times contact of 3rd floor member but till date no reply at last compliant lodge to society but those person not res ponce to society. what next step i can take

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  • H P NANDA says:

    Two numbers of show cause notices u/s 61(1) and u/r 80 were issued by RCS to our CGHS on 18-5-2015 against serious complaint dtd 25-3-15. Accordingly CGHS was asked to explain within a week of issue of notices. The CGHS, if wishes, was asked to appear before RCS on 2-6-15. Both parties heard.
    The proceedings prolonged till 18-2-2016. Thereafter asked to await for orders. No communication received so far. Please suggest how to proceed under present circumstances.

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  • rahul Mehta says:

    when society member can go to Registrar of society for complaint

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  • rahul says:

    dear sir / madam
    pl suggest my query is
    inside society premises in garden area managing committee allowed remove playing insturment / sea sand ?????
    and now construct solid surface with stone tiles for any other use like open chargeable parking or any other use
    they are not taken any permission from any society members meeting and not declare in given any prior meeting agenda
    even ther not inform any goverment body like BMC / SOC REGISTER OFFICE

    if not allowed solid surface construction who will bear expanses

    pl suggest your valuable reply

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  • rasik gautam says:

    Sir, my society is charging 2₹ sq feet area for maintenance , now being a 2 bhk holder i am paying 2100₹ while all other 1 bhk are paying 1100₹ for the same facilities. I want justice against this ineqaulity. Please guide me what to do????

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  • Rohit oswal says:

    Inspection in : nirmal nagar Co operative housing society .behind poornima tower.pune 411037…chairman demand excess amount rs 75000..He blackmail new member to pay excess amount for NOC. ..misusing his power on poor people …He shut have jail ….In pune city many middle class people suffering….All have to teach a lesson to chairman. ..

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  • Rohit oswal says:

    Make a group of complain n shud help people 1 by 1…n clear all matter…so no 1 will dare to do dis again…many people suffering ..In society chairman blackmail to member n collect excess amount for noc. .This all chairman shud be punished n jail. no1 will dare to do. ..people work hard n make money so he can have own flat. .n chairman take advantage make unity n fight ..complain it to police ..give complain to deputy register. deputy register will send letter to chairman ..will give 30 days notice …

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  • Mrs. Golwala says:

    Dear Team,
    I have received Possession letter of my flat along with covered reserved parking by builder in the year 2007.
    In the year 2012 with majority society take a decision that member who have parking allotment in Index II or in Agreement they would only get Reserved Covered Parking.
    When we have Possession of Covered Reserved Parking, Drafted Sale deed given by builder in that also Parking Allotment is done by builder but due to prejudice of society body members towards me with the majority of body members they gave decision that “We are not eligible for covered reserved parking”.
    Can you please advice us can we get covered reserved parking on the base of possession letter and draft conveyance deed provided by builder.
    Looking for your detailed advice and cooperation.

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  • Soniya says:


    Kindly help me in getting the share certificate on my name. I have bought a house. Committee is forcing us to pay the welfare fund of Rs 1 lakh and indirectly we are told that if we do not pay this amount, we will not be able to get the share certificate on my name as the committee will not support us. Even if we will provide all the documents they will keep on asking for other documents until we pay the welfare fund. In their pamphlet form no 20,21 id proof, dd/cheque of 610 rs etc is written to get the share certificate but not this welfare fund.

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  • Rohit oswal says:

    Rohit oswal. .nirmal nagar cooperative housing society.pune 411037.
    I have purchase my flat in 2010…I request chairman to transfer my flat n handover me share certificate ..but chairman demand me excess amount rs 75000…n he told me if u not pay 75000 den in every 2year amount will increase double..I have send many letter to society chairman n secretary but no reply from dem..I have complain to deputy register so De send letter to society to take reasonable amount or not more den rs 25000..but no response from society…All 15 member nowthat ..chairman is doing wrong n collecting unwanted amount from new member ..All member r silent ..chairman is misusing his power…deputy register should take serious on dis society no one will dare to do dis..society name :nirmal nagar Co operative housing society.behind poornima tower.shankrsheth road.pune 411037

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  • Dasore says:

    what to do if the registrar says that he needs 33% residents complaint to proceed. I submitted solid evidence/documents where the president of our society is falsifying documents but registrar is not taking action!!!!!

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  • Ronak Vora says:

    Dear Sir,

    I have a flat in Pune and we are really facing issues with our committee which was formed 2 years back. We have tried to get a solutions but they have imposed so many restrictions which are not acceptable by most of the people staying out of society. In our society, out of 84 flats, 70 % is rented out and most of them don’t come for meetings . Society has imposed below restrictions and they are not ready to negotiate for the same.

    1. Payment to be done only via depositing the cheque at Society office. No Neft/ Rtgs/ Cash allowed to be deposited. If cheque dont come they impose fine of Rs 500/-.

    2. No bachelors are allowed in society. when we object they informed that this decision are taken in AGM which is not true as i was present in the AGM. They have issued notices on Society letter head to all the owners to remove bachelors from the society 6 months before AGM.

    3. They are charging 20 % maintenance extra from rented flat owners stating that this was agreed in AGM and cannot be changed. Whereas as per the Society act maximum can be charges is 10%.

    4. Earlier we have a Gmail Group and Wats app Group of all society members, they have removed everyone from them stating that rented flat owners are demoralizing them and creating hindrance for the society. They are not ready to accept any emails from us and doing as per there intensions.

    I would request to guide me properly how we should go ahead as and are we allowed to oppose above points or they are correct in what they are doing.

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  • Prabodh Mangalorkar says:

    I have a flat and a commercial premises in the society. For my commercial premises, which is rented out society charges me non occupancy which is slightly more than 10% of maintenance. On top of that they take additional amount and bill me Rs.1500 every quarter as other charges and fail to explain me reason. I find it wrong. Any solution?

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  • Anil Mehta says:

    Sir, I do have a problem regarding my society.Iam from Gewa Sampada Co Operative group housing society Ltd, (registration no. 218/GH), my problem is that our society has shown the list of 172 members instead of 173 members as One of HIG flat was converted into 2 LIG. as society is freehold but we r not able to get share certificate. by my name and management is not cooperating with us to get settlement with the other party who have the other portion of this flat…pl. Do some my problem .

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  • anil mehta says:

    sir can i send u e mail regarding my documents…so u could advise me what should be my next step.

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  • Jayesh Jivarani says:

    Respected Sir,
    I am leaving in Surat Gujarat. I am having my flat on first floor. There is leakage in common drainage line. Because of that I am unable to use my bathroom/toilet in the morning due to smell. Society is not taking any kind of action in this case since last few months. what i can do in such case?
    please guide me.

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  • Smita pillai says:

    I am resident of pune- shivane,society name is greencity. I have been living here since 3 yrs.society chairman secretary & other committee members are extremely indecent and abusive in their language and behavior. There are no monthly meetings conducted and they target those residents who do not support them.the recent issue is that the chairman for no reason and without any verbal or written information has asked the lady who cleans garbage not to clear our bin. This was told to us when we confronted the lady. We are not confronting the chairman as he did not inform us. Moreover my parents are senior citizens and I am a working lady and do not want a spat with that indecent man. We are too stressed as the garbage is all over the place on our floor. Dogs tear apart the trash bag which messes the place. Please advise where to complaint against this and what action should be taken

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  • dear sir
    we have observed that there are terrace repairs carried out every year in monsoon season without professional advice and uncompetitive local contractor take the job both chairman and secretary are in favor of redevelopment from past three years documentation is unclear 3 of 6 flats on top floor have issue with terrace leakages every year. it is both mental and material loss of tube lights,fans,false ceiling getting spoiled every year. they just want to do cheap work and give false assurance,as per audit report even society is in bad health condition they some how manpulate structural report and submit to bmc
    please guide me

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  • Sharma A says:

    I am a resident in Ghaziabad and the RWA where I live, got itself registered with the Registrar of societies three years back and for the past three years there has been NO election and also the BYE LAWS are very old from 2003 and the current governing body does not want to get the NEW BYE LAWS registered and neither anyone else is being concerned. Without the new bye laws they have incurred heavy renovation work and all the work was done without any General Body meeting, all the decisions are being taken behind closed doors and heavy renovation is work appears to be only being incurred to make some personal profits.

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  • Dr Saurabh Pandit says:

    Hi, I am residing in a society in punjab (derabassi), i want to know where can i forward my complaint if general body of the society is not taking any action. In this case can i forward my complaint to any Govt. department/Govt. servant. I have a problem with car parkings and with shops in the society as these shopkeepers have aquired space outside there shops, so it pose difficulty in walking. Thanks

    Best Regards
    Dr Saurabh Pandit

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  • russell says:

    Dear Sir i am writing this mailto u so that i can get justice .. i Mr Russell Fernandes residing from past 3 years at Flat no 26 5th floor Om appt Undri my number 9545556894 i would like to bring to your notice about the harassment done to me & my family by the society chairman .for past one week our building lift is not repaired & two months back my mom had a heart surgery its not possible for to climb the step due to which we cannot take her for checkup my wife is a housewife handling one kid 1.5years its how difficult to handle the situation we are regularly paying maintenance 1000 which is for every flat total 30 flats & the society has expense only watchman payment thats 6500 & common light bill 12000 rest there is no development in the society 3 months back there was a day robbery in our building 2 flats where broken .but still cctv are not installed every time its said society does not have fund Yesterday in the meeting it was informed to collect 7000 from each flat for repairing the lift .when society has fund they are not ready to utilize first 2 years 500 was the maintenance & previous chairman he used to manage all the problem in 500 & no election had happened for electing new chairman selected the chairman who is MR Sanjeev kadam its a request from me pls visit our society any try to solve the issue even no audit is done looking for a positive reply Thanking you Russell Fernandes

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  • gurunathauti says:

    Dear Sir,

    I request you take the action of my society commite whose are not take care the attention of
    society clean up . I am staying at ground floor. Resident of the top floor in this society is throwing garbage
    from their window and unnacessary substance. Also they are not maintaing drainage water.
    The sweeper is not coming on regularly.
    I frequently complaint to society about the same problem.but they are not taking care.

    Due to this we are suffering from mosquito and with bed smell.
    Small children are getting ill. Also having the chances of Maleria and dengu.

    So i Kindly request you take the proper action of the society ASAP

    A-004/ Karmasandesh Building
    New Jantan Housing Society(Hinganwala Lane)
    Pantnagar Ghatkoper East
    Mumbai 400077

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  • I too have a complaint of being asked to pay 50000 for getting my flat transfered in my name by the Managing Committee. I’ve submitted the papers on Sunday 28th August 2016 they told me to wait as they will discuss amongst each other and reply if they will follow the bye-laws or not. I have been asking them since Tuesday that is yesterday and yet I’ve not received any feedback or reply pls suggest what can I do now.

    Pls help me it’s urgent and it’s matter of my life as I need it to be transferred for some purpose

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  • Mahesh Nair says:

    The managing committee is trying to do dictator style ruling in the society.They do not follow the by-laws and arrogantly behave with those who questions about their wrong doing. They are spending society fund without GB approval. Since, the revision in monthly maintenance charge was not passed in the last AGM, I am not giving the revised charge but is paying as per old rate. They have even got passed a resolution that I should not write any letters to them and even if I sent, the same will be ignored. Complaints were lodged to Dy. Registrar and Commissioner & Registrar along with documentary evidences from Oct. 2015 onwards but of no use.

    Further, recently my cycle was stolen from the society though there were security guards but the MC is washing off their hands as they are claiming that after handing over the camera footage, their duty is over. Kindly let me know whose responsibility is to get me the compensation.

    Pls provide your guidance on the above.

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  • Hitesh Mistry says:

    Sir i am from mumbai, Maharashtra. We are havind 20 members housing society. My question in regards to forming new managing committee by members withought conducting election procedure is valif or petmited byelaws?. Our exiting committee tenure has over and we all managing committee members has resigned in our AGM. Now other members are trying to form new committee by saying that less than 5p membets in society does not required election procedure. How far this is valid. Pleade advice. Hitesh Mistry

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  • NIGUDKAR G.D. says:

    chairman/ Secy not acknowledge lette. Makes false charges about giving flat on guest. threats police this act of chmn/scty punishable? IPC

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  • Bhakti says:

    Where can I put a complaint for leakage? My house walls, ceiling is damaged due to leakage.
    The society people are not interested in resolving the matter. Kindly revert.

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  • Sanket says:

    My Society doesn’t have elected the Chairman yet after the death of the previous Chairman. The financial like maintenance deposit is done by the secretary.
    Some of the matters are still pending like the water collection in the Closed duct. what to do in such case?

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  • Abhi says:

    hello sir/madam,

    i live in Ahmedabad, we have a society of 9 bungalows small society. we don’t have any elected chairman or secretary. what we do that we collect the maintenance amount in a single payment yearly and we use that money time to time for our maintenance. now the issue is that out of 9 bungalows there are only 4 houses are residential or in which people are living. 5 bungalows are commercialized and given to different play group schools. my issue is that our so called chairman raise the money of maintenance without asking me or use the money any where he want to by making fake bills. he also have the unhealthy support of other 2 members because he share the money with them. Is there any thing i can do about them or to our so called chairman to whom we give our money of maintenance. is there any legal way to prove my point. my family is very under pressure. kindly help.

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  • Shabby says:

    Hello Sir,
    There is a running case(filed by me)in Consumer Court regarding”deficiency in service”against society mgmt(delhi)where mydisputal amount is Rs1.25L and their disputal amount is rs10,200(as per them).Now,few months back , they filed a case in registrar,yesterday there was hearing with them , registrar said verbally to pay the disputal amount to O.P.,but they havent given anything in written or they said they will move this case to arbitraton where we may need to pay more money.
    1)Should I pay amount to O.P?Should i pay it with or without NOC?
    2)As registrar havent given in written ,so can they ignore this in future or may lead case to another direction?
    3)Is any lawyer assigned to both party in Arbitration?
    4) Where could I approach if in case, I have to file a case against registrar reply/final decision?
    Thanks in Advance

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  • SV Londhe says:

    The chairman of our housing society gave out security in/out record of the visitors visiting me / my flat in Pune without my knowledge / permission to my opponent party with whom we are fighting a matrimonial case. When objected, he behaved aurogantly. This has violated my privacy rights and likely to make me vulnerable in our court case. I have a video record of his wrong doing. May I know, is there any legal remedy for this.

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  • Ravs says:

    Dear Sir,
    1) Is that any one who purchase flat in society and can become a secretary in 2 or 3 months ?
    2) Defaulters can be a committee member or a chairman of the co-op. society ?
    3) Associate member and the proxy member can attend the AGM and or take decision on behalf of the ORIGINAL flat owner (society as a whole) ?
    4) Fee for Transfer of Flat is necessary or voluntarily taken from flat owner (generally 25000/- but how much as per law)
    Please suggest me the solution of above question with bye-laws sections Please!!!

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  • Rakesh says:

    I am secretary of a hsg. scty in mumbai .I gave letter of resignation from the post but, on request of some members i withdrawn my resignation after couple of days …However a week later chairman called the commitee meeting & ignoring my wiyhdrawal letter accepted my resignation despitee of my written objection…Also comittee elected new secretary who signed the notice of AGM before the charge is handover to him by me…Kindly guide me

    1. Can my resignation be accepted despite of my withdrawal letter?
    2.Is it mandatory for me to handover the charge to new secretary?
    3.Can the new secretary sign the notice of AGM since i was not told to Handover the charge even after the date of issuing notice.

    Also i will like to inform acceptance of my resignation & discrepancies in Notice of AGM was strongly objected by members before & during AGM which was ignored by committee..

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  • Valentine Charlesworth says:

    I filed a complaint with Deputy Registrar ‘L’ ward Mumbai, to inspect the affairs of the society I’m residing in u/s 83 and 79 MCSAct in 2014, on no action being taken I submitted a copy of the same in 2015, later I submitted an R T I application, for which I have not received an answer till date, whom do I approach ?

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  • Manish Patel says:

    Dear Sir, I am living in a registered CHS in block A, our CHS is having block abcde in Ahmedabad, half part of block A & B is commercial so we get less space for parking. Now my question is can member of A block park his vehicle in hollow plinth of block C. i have purchased my flat directly from builder my agreement says parking facilities is common. None of the space is reserved or alloted for parking to any one. pls guide with case details/reference if any.

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    My name zawad Unia
    Illegal construction done by the Secretary of our Society.
    Letter of complaint given to the Chairman.
    Still in the minutes of AGM the Cahairman is hiding the actual fact.
    Reported to Dy Registrar
    What should we do

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  • Vijay kumar Trivedi says:

    I just want to understand the process if an employee wants to lodge complaint against a registered education society for misusing csr and fcr funds. Another, there are discrepancies in the system created by the management over the years.
    In such a case, what should be the appropriate action one should take?
    How one can deal with the issue of harassment and mental torture in the same set up?
    Thank you for your response in advance.

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  • Hill garden co-op. Housing societies association limited ilegally had given kdmc drinking water to three outside parties without in their agm minutes not approved by hill garden existing 27 societies and without their consent. I am staying in paradise utopia chs ltd. We angel and paradise utopia chs ltd share 4 inch kdmc drinking water equally. This year rupees fifteen hundred spent on kdmc water tankers. Last two years lacs of rupees spent only on kdmc water tankers. We angel chs ltd and paradise chs ltd is getting very less kdmc drinking water. Three outside parties are sunny desaikar near crystal chs ltd,additional commissioner of police office near d’mart mall,msedcl office near alphs chs ltd. Sunny desaikar uses electricity free of cost because he had msedcl electricity line from hill garden electricity main line.sunny desaikar uses free kdmc drinking water free of cost.sunny desikar sells kdmc drinking water commercially for money by mixing open under ground water i.e. pound behind his residence. Due to mis-management of hill garden co-op. Housing societies association limited standing committee members we are facing severe difficulties.kindly remove these three ill legal kdmc drinking water lines urgently.

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  • Vinay Indulkar says:

    I live in a high rise tower of 13 floor building in Mumbai. We have 2 elevators, but due to our society committee negligence both lift are not working properly. There many old people residing in society. And they have problems to climb up and down stair for daily chores. Many complaints have been put to the society office. The committee had taken money from all flats to repair and make new elevator. But made only one. Where the new elevator had fallen to mishap many a times as gear not working or break out of order. Old elevator is out of order as part of the machine are not available.
    Need help to file a complaint against the society committee as many issues with elevator problem and structural audit as many Crack in pillars and beam.

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  • Reshma Kore says:

    Society are not ready to pay passage light exp. like changing CFL bulb.They are saying that this is flat owners exp.society are not liable to pay this exp. Please tell me that is true or not.

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  • Shridhar Appa Barkol says:

    All illegal activities done in the society where I my have flat. No AGM taken till
    Today, no resolution passed till today but all of sudden society had increased my shops maintains and flats sublet charges, with my complain Registrat was
    Appointed in 2011 but till today he had not taken any action on society. After
    5 long years he kept election last month and leaving the society. What’s the
    Meaning of him for being on society for 5 long year. As had been repeatedly
    Informing him about the illegal activities by society by letters not nothing is done what can be done as had kept hearing also on front of deputy register but
    But he is also taking his side. Wanted to know within how many years or days
    Registra hve to hand over the society to new commitee and can Registar can stay for 5 years without solving my problem n going without solving it.

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  • uday kumar says:

    we had 11 m.c. members in 164 flat building. we 4 members of M.C. removed office bearer through dy. registrar for their wrong doing. meantime few M.C. MEMBERS also resigned. now. M.C. strength is 4 from our side 2 from opposition side. but it is more than 2 month now office bearer are not yet resigned and handed over the charge.they called themselves as care taker of the society. 1 member from opposition side says she want resign/or not to attend any m.c. meeting. now my question is whether we 5 members can run the society for time being because dy. registrar says it will take time to fill vacant post through election.

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  • ajay says:

    i live in sahakari awas samiti in which a plot with dimention of 54*34 is sell to other person as dimension of 55*35.Socity autority as well as buyer do this mathmatics internally.due to this road becames to deal with this matter

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  • Shinil says:

    Dear Sir,

    We have received an notice from registrar on the basis of a compliant made by our ex chairman.The compliant states that “the ex chairman of the managing committee alleges that we have not shown the annual accounts of the society to him and proper disclosure is not made to him for the last 3 years”.

    In this regard, please note during the last 3 years, the ex chairman himself was the chairman of the committee and not a single AGM or Audit was conducted. After forming a new managing committee this year we have rectified the past errors by file filing the pending audit report and conducting an AGM

    What I don’t understand is how can the registrar issue a notice without verifying the facts of the matter. What are option available to us to show that all this irregularities happened when he was the chairman of the committee itself.

    One more question : If we don’t conduct agm or file audit report for the 3 years, do the managing committee will automatically get dissolved. ?

    I request you to please suggest me some remedies.

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  • Shinil says:

    Please note that we are governed under Maharashtra Co operative Society Act

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  • rajeev jain says:

    Any rwa can make beyond counrty election system and violate the fundamental right of a member,if so that a member where to challenge this for earliest action,please advice and competent authority contact detail please.

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  • Rohan Kothari says:

    Dear Sir,

    Some people in the society are parking their vehicles right in front of the gate. There is absolutely no place for two people to walk out together. The other thing is in case of emergency no ambulance or rickshaw or firetruck or any other such vehicle can be parked in front of the Gate. Please do advice us what steps should we take to clear this. Letters to the secretary and discussions had been held with no outcome.

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  • suresh shetty says:

    Sir , i am from Mumbai , my society secretary and chairman is desperately delayig the very very urgent repair work of the building ( one part of the building facing rd ) , two pillar( beams ) are very very weak , huge cracks on the beams from bottom to top .On several request to society MC , strectural audit has been done after two months of request from us , even the aduit report is not shown to the members , as per the information , buidling need very very urgent beam repair as per new audit report on SOS bases ( it is under critical condition , advicied not to stay in building effected side ), but MC is delaying despirately ( reason not known – their is previous history of old MC and new MC dispute and egos

    i am the one of the effected member , how to tackel the issue legally , pls advice
    ultimately we can not risk on our life
    thanking you

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    our existing executive committee of society not holding election but taken continuance of existing executive committee for next year. as per by laws tenure is one year. they are into 2016-17 (second term oct 16 to oct 17) and first term was for 2015-16 (Oct 15 to oct 16). renewal of society was due on 20.07.2016. For renewal of society they are showing 2016-17 (second term as 1st terms ) and previous committee term as 2015-16 ( actually it was 2014-15) so that NOC can be given and can continue without election and get renewal of registration of society also.

    Can we file complaint to registrar and ask for interefere…to hold election etc

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  • Bella says:

    Sir my society is not audited their account from many years and doing fraudulent activity I want to filled the complain against them but don’t know the authority to approach please help

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  • v g ghag says:

    In our society we have installed intercom system by contribution, & 2 watchmen on duty during day. but whenever outsider come to any flat security has to inform him/her and then only allow the person to visit the flat. but, now a days no body inform the members and sometime any unknown person / currier or any unwanted person rings the bell. It is very risky during noon/afternoon for a any lone senior person. matter was brought to the notice of society management, but they do not bother to take action against watchmen.

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  • Dimple says:

    Hi, I am Dimple. In my society the registrar purposely elected 3-4 members who were defaulters. As per bye law, a defaulter has no rights to participate in th election. Some defaulters didnot participated in the election bounding the laws. But they roused their voice to the registrar as none of the defaulter should be elected, inspite of yelling the registrar proceeded with the elections n now those 3-4 defaulters have become the chairman, secretary n part of committee. Old committee have not handed over any documents to the new committee cause old committee have complained the registrar for the injustice happened. Also new committee have started making bank transactions without old chairman n secretary signatures. The registrar is supporting the defaulters as he have taken money from them so what action can the old committee take to remove the defaulters? Plz help

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  • sheetal says:

    I am staying in uper flat member have 2 children (boy) they make noise play cricket futboll jump from chare pull the chare which make noise. the man work in call centre and he comes late in night (1.30 or 2.30)at that time children jump which make noise. what can I do .i give 1 complent latter to socity secretary but there is no change. what can I do

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  • Jaswinder Sahota says:

    Can RWA members (majority of about 50%) issue show cause notice to EC members in case they are not active as per bye-laws and doing practicising un-conostitutional practices during their tenure, not making accounts public, not replying to residents queries, only interacts at the time of maintainance collection time.

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  • Sheeba says:

    Respected Sir,

    For every festival giving away the amount fixed by the committee members is very difficult for me. My total income is Rs.13,000/- pm. I have many responsibilities and plus EMI of Rs.5000/-. It’s very difficult to donate every now and then. Sir, I want to know is that is it necessary or compulsory to give the amount fixed by the committee members for any certain festival? Can I give what amount I feel to donate ? Please guide me in this matter, it will be highly appreciated and obliged.

    Thanking you
    Yours truly,

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  • I require the help for the following:
    1.MC has not yet passed the Accounts for the year 2015-16
    2.Not replying to the queries raised through letters.
    3.Not taking legal action against the MC members who are not attending the meeting for morethan 3 meetings.
    4.Not conducting the Election for the vacant post.
    5Pl.let us know where I have to complaint this.

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  • Is it complusory for Election for every vacant post or can be adopted.

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  • Mitesh says:

    I require following help:-
    1. My Flat has not kept closed and not used since the time of Possession by the Builder. One day I received an email from the Society informing us that there is some leakage in my flat and may be some tap is open from which water is being wasted. Within 24 hours i went to the flat and found that due to non use one of the Jet Spray of Bathroom was leaking. Hence I got it rectified immediately and problem was solved.

    Now society is asking me to pay Rs. 5000/- as penalty for wastage of water, whereas I have told them that since I have been paying regular and timely maintainence of the flat and i got the problem rectified less then 24 hrs of their request, where does the question of fine arise ?? I also have full right to the use of water for which I am paying maintainence, and as the flat is closed un-used how can they impose a fine?

    Can you help me with the solution.


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  • som dutt kathuria says:

    I had taken loan from NIHARIKA COOP. SOCIETY RANI BAGH DELHI on 9th Nov. 2015. The recovery shall made in 40 instalments w.e.f. 7th Dec. 2015 onwards. But after a lapse of 14 months the recovery case has made which is wrongly submitted to the Registrar Cooperative Society at parliament street. After given a first & final notice during last month. So I make the payment. Then how the case was kept with the RCS soon. It is an harrasement case on the Senior Citizen. Kly check-up the matter soon & revert back reply.

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  • Poonam Iswalkar says:

    I was issued a duplicate share certificate by previous committee members of the society.however the new committee states that share certificate is invalid and hence can’t issue me a NOC. I have now found my original share certificate from my builder n.informed the committee members to include the details of original share certificate n I will surrender the old one..but they bluntly refuse to issue a help from registrar Office as well as the committee members have bribed the official there as well

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  • Harshada says:

    I am residig at Mumbai.40 yrs.old Bldg.out of 24 mmbers only 10 members are residing.14 members are having 2nd home so majority members had given their flat on leave & License . few members have kept their flat under lock & key.
    major repair of entire Bldg. was carried out in the year 1992-93.thereafter members are not serious & not bothered about maintening the Bldg. internally as well as externally . Many cracks are visible on the pillar, slab and parapet of windows.frequently part of parapet,chajja portion are fallen down and risky for occupants .
    out of 10 members only 7 members are ready to pay their contribution and 14 members ,not residing here are not ready to contribute their share.society is not interested to compel the members as they are planning for redevelopment since 2009.already 7 yrs are passed away , no progress in the redevelopment take place and now it seems to be not feasible .
    please assist us how to compel the 14 members for contributing and the restoring the Bldg?
    we wrote many letters to secreatary but invain.

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  • Kunal Jain says:

    I am covered under Maharashtra Housing society laws. My society has not shown accounts from past 5 years and have not called for AGM for past 3 years. The building is still with developer as chairman and secretary is from builders office. We had formed an Adhoc committee which was supposed to solve all queries and take over building. but they have failed in their duties and now have colluded with builders and trying to extract money from members under something or the other expense head. Please suggest something as there is lot of misappropriation of accounts happening

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  • Maria Joseph says:

    Sub: Cheating by Secretary by way of writing false accounts, without spending and not producing bills, receipts, vouchers. For two years , he dodged by not calling for GBM & now he says, all records are missing.
    Place: Chennai
    Society name: Mullai Apartments Residents welfare association, which was registered initially and not renewed subsequently
    Request your suggestion as to how to go about.

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  • A singh says:

    I have been charged with transfer fees for 25k and donation as 10k as shown in receipt while this donation was asked from me to give NOC , I need to have this donation recovered or adjusted in maintenance.

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  • Saurabh says:

    Bhagwati cghs Dwarka is making us all fool and offering excess payment for flats which is non justified

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  • Kunal Jain says:

    I had written this on 27/02/2017..but had failed to login due to some work commitments and poor network since I was travelling.. My issue is I am covered under Maharashtra housing society and society has not disclosed accounts to us for past 5 years and not held any AGM for 3 years. I have been paying maintainance every year and from past 6 months I have stopped paying maintainance because society is not ready to show accounts and hence now they have issued letter saying recovery of maintainance dues under section 101 of society act. what are the options available for me please let me know

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  • Maria Joseph says:

    Thanks for your valuable reply.
    My request to registrar is pending for more than 6 months.

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  • Bhumika says:

    My husband is a member of one of the CHS in Powai however he is out of the country since October 2011. hence he cannot attend the AGM of the CHS. Now as a spouse of the member I was unable to attend the last AGM held in September,2016 due to some emergency at home.In the circular it was mentioned by the managing committe that a member has to mention beforehand his non availability in the AGM or he should come and sign the register marking his attendance in the AGM or he will have to pay a penalty of Rs.500/- I have been paying the maintenance charges on time and have never once defaulted on the payment since December,2002 i.e. the year from which we started staying in the particular CHS.Now they have imposed penalty of Rs.500/- in the maintenance bill of October,2016 for not attending the AGM held in September,2016 but I have refused to pay the penalty citing the reason that the member cannot be physically present as he is out of the country since 2011 and the managing committee is well aware of this fact. Further as per the Bye laws of the Maharashtra CHS the committee members have no right to impose penalty for non attending of AGM. Also a member can refuse to attend the AGM and it is not binding as per the bye laws to attend the AGM.I have written three letters to the secretary requesting to condone the lapse on my part in not noticing the clause in the circular of the AGM that the non availability in the AGM should be intimated beforehand. However the committee members have replied to one of my letter stating that the decision regarding imposing of penalty for non attendance in the AGM was taken by passsing resolution in the AGM and cannot be altered.So far I am paying the maintenance bill after deducting the penalty and the interest levied thereon. I would therefore like to know whether the committee members of a CHS have the right to impose penalty on a member’s spouse for not attending the AGM and can the resolution taken be altered. Should I need to pay the penalty of Rs.500/- alongwith interest or can I refuse to pay. If so, kindly intimate the Rules at the earliest as otherwise I will have to pay a huge amount due to the interest being levied each month. Kindly reply at the earliest.

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  • Bharat P. Mhapsekar says:

    Criminal wastage of scarce and precious water resources by CHSs in the name of ‘Rain Dance’, wasting nothing less than twelve to fifteen precious tanker water of about one and half lakh liters. It is indeed shameful of the CHSs allowing such criminal wastage of water. It is not only Maharashtra State’s but it is also a National wastage of our natural water resources. Hence, suggest like last year, although it was a dry spell, non the less, this and the following years too, the Commissioner of MCGM, Mumbai should issue a press release, banning ‘Rain Dance’ during Holi festival on 13th March, 2017 and imposing heavy penalty of nothing less than Rs. 50,000/- per CHS violating the Commissioner of MCGM’s order. Thanks and regards. Bharat

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  • Dear Sir,

    I am sohanlal Jain . My address is 702 Pearl Residency co. hsg. society ltd,Daud baug, Andheri West, Mumbai 400-058. My phone nos is 022 26773888 and mobile nos. 8652450252. The flat is on the name of Mrs. Harsha Vasant Jain. Vasant is my son and Harsha is the wife of my son.

    I have given application for nomination to the society 9 months before. Till date I am not received the nomination form duly stamped and signed by chairman and secretary of society

    Although I have reminded and given the reminder letters many times but I have not found any result. I am a senior citizen aged 75 years and patient of heart and longs problem diabities also.

    They have allowed to the internate wireman who has fitted many wires to the front of my flat which looks very bed for also I have requested them many times and given them in writting also but sorry they do not hear.

    The flat no. 701 was belong to my other son and same flat was sold to one party but the issued me N.O.C. after three months after under the much pressure and due to this I have received the cost of flat after 3 to 4 months for which I got heavy loss for my interest.Still six months are over they have not transfer the flat and due to this buyer is in heavy problem.Kindly help me to get interest for same purpose from the society .

    Actually Secretary and chrirman are having three childs and as such due to the law of High Court they are not able to atten the posts. Kindly desolve them and appoint further new secretary chairman.

    They are not above to handle the society properly and do not the rules of society and earn the benefit only for them.

    The Secretary has purchased a flat for their community purpose which is hardly objectionable and this flat should be transfer on their general community purpose. Our society is purely for residency. Please take an objection and stop the same and do not allow them to transfer the flt no,. 103.

    The points are very important and request you to kindly do your best the solve the problem and highly obliged.

    I am going out of town on 30.3.2017 and you can refer to my sons please.

    Thanking you,

    Yours faithfully,
    Sohanlal Jain. .

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  • praveen sharma says:

    I need a help as the scertary as today me, I,m the scetary don’t tell me what to do and what not to do. As I’m treasure of the scoiety two cheqeues where blocked for not proper work done. PLease tell the rights of the scertary, chairman and treasuer. In addition to this also please let me know the powers of the managing committee.

    I only want to teach him a lesson to respect the members for the same.

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  • Upendra Gaitonde says:

    The proceedings of the Last AGM of our Society extended over 3.5 hours was summarized by the Hon Secretary in 2 pages purging all those remarks and statements that pointed to the inefficiency and corrupt conduct of the hon secretary and the other MC members.
    What option I have to seek rectification of the minutes as the deputy Registrar is too indifferent and callous

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  • Ravi Ajuja says:

    Hello Sir,
    I am staying in a cooperative society and facing two issues. Need your guidance:

    1)There are lot of late night parties in my neighbourhood which creates lot of disturbance. I have raised the complain to my society and no action has been taken so far.
    2)Another issue is that one of the flat owner staying at first floor has changed the outlet of his bathroom and dug the hole from the inside of his bathroom and left it open at the outer side. Due to this, the dirty water from his bathroom falls down from that hole over my car and damaging my car paint. I have a car parking underneath his flat. I have informed him and society, but no action has been taken so far. Every time, there are excuses and this is going on for last one year. I need to know what legal approach should I take to get this issue sorted out?

    I need your help and guidance on both the issues.


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  • George Nathan says:

    Dear sir,
    Secretary is showing his anger and taking his personal fights with us by not taking maintenance amount. only cash is been received. And taking the water connection and taking any disputes which is not related to the society itself such as bringing TMC and complaining about dogs which we having. Everyday arising new problems and torturing so request you to pls help me

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  • Ramesh says:

    Sub : Request for free advice – reg.
    Dear Sir,
    We 9 members/power of attorney members of a group housing society Delhi have filed a complaint to the Registrar, CGHS, Delhi against the present MC on the following grounds:
    1. Non-conduction of audit of accounts from 2010-11 onwards.

    MC reply to this point is that they had written letters on so and so dates for appointment of auditors. Hence, the delay.

    2. Non-conduction of Annual General Body Meetings for the three consecutive years.

    MC reply to this point is that since audit could not be done. Hence, delay in MC meeting.

    On our complaint to the present secretary on 15.3.2017, the present MC has declared the elections & AGN vude their notice dt. 20.3.2017 to be held on 30.4.2017 without enclosing the audited accounts of 2010-11. We have also issued letters to the Returning Officer and the Secretary as well challenging that not to go ahead with the illegal activities since the present MC is acting unauthorisedly. RO has also been challenged by us to refrain from holding the elections as RO has not obtained any permission from the Registrar in absence of audited reports and non-conduction of Annual General Body Meetings for three consecutive years or more.

    We are pursuing the case with Registrar by visiting his office and requesting him to issue inspection orders on the basis of our above points.

    Meanwhile the present illegal MC and the RO are going ahead as per their schedule to hold the elections.

    Our query is : (1) Can the MC hold the elections?
    (2) Elections can be challenged afterwards?
    (3) Will Registrar issue inspection orders at any stage.
    (4) If no action is initiated by the Registrar, to whom (authority) we should approach to get our complaint heard.
    (5) Are out points valid under law for complaint as the present secretary is telling us that you people do not know the a,b,c, d of the existing laws as they are in MC for the last 25 years.

    (6) Complainants are not interested to file a suit in the court.
    An affordable advocate located nearby Vikaspuri, Janakpuri may please be suggested to whom we can approach easily.
    Hoping to receive free advice at the earliest.

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  • madhup jha says:

    in gujrat co – operative society ( dwarkesh park ) if 4 member resign from 11 can we call election or not ? is there any other option to call election in society.

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  • Gopinath Menon says:

    dear sir
    i seek your advise on the flg.
    i have a house in ahmedabad. the affairs are managed by the co op housing SERVICE society ltd registered with District Registrar Ahmedabad.
    as per the bye-laws the society is allowed to accept only Rs. 500 as BAKSHISH when the 5 shares of this service society is transferred in the name of the new owner who buys a house under resale.
    Whereas the society had demanded 3.00.000 from me which I refused. The society issued me legal notice and refused to transfer the shares of the house i bought in this society.
    I had referred the matter with the Co Op court in Ahmedabad, the decision is pending. I had also filed an appeal with the District Registrar.

    Now the question is : the society is spending huge amount towards legal fees, expenses etc and using the society funds to pay off them.
    The case they had initiated against me is not under the purview of approved bye laws.
    There are few committee members who feels they can do whatever they want and run the society is acting funny and lavishly spending society funds.
    When the notice they issued is against the bye laws of the society, why the bonafide society members should bear the cost of the legal matters which is wrongly fought by these selected committee members.
    Is there any law or clause in the society act under which the committee members can be made liable and responsible for payment of such legal expenses.
    I need your guidance please.

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  • My father had prepared a “WILL” in front of my siblings. but lawyer had not taken signature from outsiders as witness and not put the photoes of siblings on “WILL”. I had number of times tried to approach President and Secretary to submit my “WILL”. All the times they refused to take complaints and accept the “WILL”.

    Our Soceity having two Committee – 1) Main Committee (Members who bought flat directly from builder) which elected by voting 2) Adhoc Committee ( Old Members from SRA Project. I am member of Adhoc Committee.

    I had sent the proposal form to Main Committee for transfer of titles to my name through lawyer by Registered Post Parcel but same has refused to accept the post parcel by President. Parcel was lying with Post Office for 20 days in distorted condition. But chairman has not collected the parcel from post office though he has been intimated by post to collect the same in 7 days. Then I personally approach the President of main committee to deliver the same. But President of Main Committee started abusing me and saying that why are you writing letter instead writing letter to your Adhoc Committee. Then Chairman spoke to the secretary of main committee over phone. Secretary called up me and and president of Adhoc and Secretary of Main Committee told me in front of President of our Adhoc Committee if you pay maintenance charges to our committee then I will accept your proposal and will give you “NOC”. and also requested to our president of Adhoc Committee to accept that parcel and give me a “NOC”. but he refused to accept the parcel. and told me to get new NOC Letter from your siblings. Secretary of Main Committee has no problem of taking old “NOC” and tried convenience the chairman of Adhoc Committee that they don’t have mind to accept the old “will”. but He is stick to that point only I should get new “NOC” from my sibiling. now suggest me what to do in this matter. Is there any problem If I pay my maintenance charges to main committe?

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  • madan sabnavis says:

    My society consists of 4 buildings and a clubhouse which together has applied for a federation for getting conveyance etc. we are located in Mumbai and this is the Akruti niharika complex andheri which came up as a SRA plan where the residents were provided alternative accomodation and we bought flats at a commercial rate from builder.
    Now out of the blue the society and federation have sent a notice asking residents to pay fines for wrong parking without any proof but saying that the bills were sent earlier. Can such a thing be arbitarily be done? Further, they have threatened that in case it is not paid, the society will not give NOC for renting flats or painting houses etc. to which authority should i complain and is it valid? thanks

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  • Usha Prabhakaran - Secretary says:

    Dear Sir

    Our is a cooperative housing society running successfully for the past 27 years. We have 16 societies and Federation. The Chairman of the Federation is interfering in every society matter on day today functioning unwarrantedly. Rough behavior of the Chairman and taking any action without intimation to society office bearers and allowing vendors / 3rd party service provider in our building has become big nuisance and security threat. We seek your advice to get out of this inconvenience and mental torture. Please advice

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  • Ganesh Shinde says:

    Dear Sir,

    we are been paying the maintainence regularly in the society, since the new committee has come they have informed in their maintainence receipt that arrears of 8000 is been pending. they are saying it is the previous committee who is showed the balance amount and they don’t have records of the months which are not paid also they are saying we are not able to trace from previous committee and it will keep on adding the amount if not paid.
    There are few others who are also facing the same problem.
    Kindly suggest

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  • Nilesh says:

    In our society also me facing the issue almost since 2 years,some of the members are taking the help of committee or forcefully and applying own unnecessary unethical laws in consideration under the majority votes,my father giving his own house on rent but as per society rule we can give the house on rent for 2 years,we are agree on that but day on day soc.rules are changed and he demanding 2 months rent from the every new tenant and I am not supporting for the same and doing the appose for the same,but he put the penalty against the owner around 39500rs, and also society committee not giving the penalty in the form of written and he tells us we give the receipt of donation to the society.

    So pls advice for the same

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  • Sir I just want to know,that if a Person who is having a flat, in the Society, he has rented out his flat, & he is staying somewhere else on Rent with his family, can he still be in the Managing Committee

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  • Advocateji says:

    Dear Suresh, Yes he can still be a member of managing committee.

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  • Jignesh says:

    I have purchased new flat I have paid transfer charges but society secretary n chairman not going to transfer in my name just because I didn’t paid extra charges which he has told me that I have to pay parking transfer charges 75000/- which is not by laws so he has kept aside my cheque of my transfer charges which is 25000/- in this case what should I do please let me know… Thanks

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  • Advocateji says:

    Dear Jignesh, paying extra charges or demanding extra charges is an illegal act punishable by law. You can get the work done without paying extra charges

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