How to resolve your co-operative society disputes: There are several types of disputes among the members, past members, managing committee, past managing committee, office bearers and past office bearers of the Society or co-operative society or co-operative group housing society.

There are several disputes where membership is denied, draw of lots not held, possession not given, maintenance is not being done in a proper manner by the Society in spite charging hefty amount from the members of the Society.

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The disputes are occur between the members, neighbors on account of seepage or use of common space, dirtying the common space and cleaning the areas of common space.

If you want to know about the advisers, Evey third person is adviser in this country. Even if a person himself has not been able to bring any results to the representations made by him to the Officials of a co-operative society or a society, the person will have too much of material to give advise to others with assurances.

Engage Legal-path.com for compliances with the labour laws. legalpath

What path the members should adopt ? is the confusion in the minds of members.

What paths are available with the members to get their problems resolved ?

In our opinion, there are 2 paths available. (1) Executive Path (2) Legal Path

EXECUTIVE PATH: is the path in which the members make representations to the Society, the Managing Committee and finally the General Meeting to get their common and personal problems resolved. In most of the co-operatives, remarkable success is achieved by this method.

LEGAL PATH: is the path next to the Executive Path. If the member is not able to get his problems resolved through executive path, one have to adopt legal path to get their problems resolved. This means that the person required to give legal notice, file cases with Registrar of Co-operative Societies, Consumer Forum, MRTP/Competition Commission of India and the Criminal Courts or lodge FIR against the culprits.

THERE ARE TOO MANY COMPLICATIONS in the mind set of the members, as to which court or which authority will give them proper and early relief and which is the most appropriate authority.

The legal-path.com gives free advise to the public on choosing a path and choosing their options to adopt a path to resolve their problems.

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43 Comments

  • Oliveiro Carvalho says:

    Need your advise regarding excess charged by the Society for the past few years

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  • J S Taneja says:

    We have elected Members eg President,Secretary etc of Co-operative Group housing society which charges annual mannual charges from the Members. We also have a Registered Resident Welfare Association which now demands for Security of the Society(it is a plotted group housing society). I do not know which of the two has the responsibility to maintain the security and demand the money since both of the agencies are acting against each other.

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  • K. V. S. Ramanjaneyulu says:

    I have a flat in Hyderabad. Opposite to my flat is a open terrace. I get light and ventilation because of the open terrace. Our executive committee (EC) decided to construct a multi purpose hall on it. The committee got approval in the form of written consent by majority of the members. I feel my rights are infringed upon by the EC. My objections to the EC went unheeded. I approached authorities about unauthorized construction. They came and stopped the construction. The committee says that they would get approvals. What options are available to me. I will be greatful of your advice. Thanks, Ram

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  • Elton Drego says:

    Hi, I am having a peculiar problem in parking my car in my stilt parking areas. There is an open parking space allocated just opposite my stilt parking space and so it is very difficult for me either to park my car or take it out of my stilt parking area. The car parked is a sedan. In general it’s obstructing my stilt parking. I have written complaint letters to the society members but its around two months now and they haven’t taken any action. I have also request the flat owner to either swap his car parking with a smaller car (Hatchback) but no ones paying a heed to my request.Please can some one suggest how can I legally take this up. Is there any government organization that can help me resolve my dispute? I am located in Mumbai – borivali west. Thanks in anticipation to your expert opinions.

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  • Jack Mathews says:

    Dear NGO Madams, I am very thankful to you to guide me to an expert Legal Expert, who has taken up my case immediately and taken injunction in my favour. I have been enquiring here & there afraid to paying fee but now I feel that giving fee to a lawyer is better than wasting my energy, time & money.

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  • Elton Drego says:

    I am ok to take paid legal advice but at-least can you let me know what the process is like what the next step..How long will this take to resolve. Is there any special court that deals with such cases?

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  • T K Jain says:

    reference dcs rules 2007: In AGM non member with gpa/sale agreement/tenat can attend the agm or not without voting right

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  • Dr. Brajesh Sinha says:

    Sir. I wish to thank you all BECAUSE I have been thinking that I am Phd and master of all the matters and therefore dealt with Registrar of Co-operative societies. When I was told by Mr. Sahota that I am over-confident, I didn’t fully understand it. Later I came to know that I have spoiled my case and then took assistance of Mr. Sahota to fight on my behalf. I am thankful to him as well as to you all for providing me guidance and teaching me a lesson that every one in spite of knowing law sections and rules can not do justice to himself.

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  • T.K Jain says:

    In the newly elected Management Committee of Co-operative Group Housing Society in Delhi, who has the authority to elect the Secretary & the Treasurer from amongst the elected members of MC? Does the President select them or they are elected by majority vote of the Management Committee members.

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  • hardik says:

    In our society road construction is going on and suddenly someone put stay on construction and construction work is stopped. Management committee also doing nothing in our society. Now, what to do? So, that road construction is once again start.

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  • anil says:

    how to persuade/ force the society mngmnt to respond to my representation whether extension of drawing room & conversion of balcony into a pucca room in society flat in delhi is as per law ? thanx

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  • Abhijit Mahanty says:

    Dear Sir,

    I am a resident of one of the apartments in Sarjapur Road (Bangalore). We have our RWA which was formed since last three years when the 1st block came up, with the impression that they will work for our issues with builder, improve the amenities and bring people more closure. The fact is that the current RWA have completed their tenure three months back but still continuing and not planning elections. There is no secretary as such. There is another group called core committee. I became a member of this core group to ensure we get all our promised dues from the Builder. This group are members from previous RWAs and some new residents. They are appointing another new members at their own wish and comfort. They are neither interested in resolving the issues themselves or allowing us to resolve the issues ourselves. We suspect some of these persons have vested interests. Now that all the blocks are complete we feel they will take handover from builder and our issues will still remain. My question to the experts to these forum is:
    1) Can we form another RWA since the existing one is not registered yet?
    2) We fear once builder completes the hand over process and the RWA is formed we cannot rectify things later with the builder?
    3) What can we do to oppose this existing RWA (controlled by 10-12 persons) which we think based on their activities has selfish motives?

    Regards,
    Abhijit

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  • RAJESH RUGHWANI says:

    dear sir, Associate member had bought house in same society, but commitee member are dening to accept application, so we had reached to register office, from same society had got notice to do needful. after what time we have to follow and to whom. and also we have to pay transfer fee or not as we are associate member of society.

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  • RAJESH RUGHWANI says:

    Dear sir, president and secretary had enchroach open space and road of our society, in concern to same in past court of board of nominees had passed order not to enchroach, so in which court now we have put our file.

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  • Date: 14th April 2016.
    Respected sir,
    I Meghashyam Rawool am a member of New Venkatesh Co. Op. housing Society Ltd; located in Vasai town in Palghar District.
    Since two years, myself together with many vigilant and aggrieved members of our society are at logger head with the society’s management over many illegal acts of omission and commission of serious nature committed by management and we have collectively lodged our complains/protests in writing, first with the management and later with the Deputy Registrar with the documentary evidence due to total inaction/total silence of the management. The Dy. Registrar has initially taken cognizance of few matters brought to his notice and though he did write to the society, his letters are of routine nature/informal without any force of authority of law and also not binding on our defiant management.
    Since I am in the forefront in our collective struggle against many wrong doings of the present management, it has resorted to my mental harassment and criminal intimidation. The management engaged a local advocate and through him has sent me a letter making some baseless, wild and scandalous allegations against me and threatened me therein with expulsion from the society. In furtherance of this vengeful act against me, it has charged a legal fees Rs.3050/- in my monthly maintenance bill.
    I have taken up this matter with the management and thereafter with the Dy. Registrar of Vasai circle. Since there is no response whatsoever from both even after several reminders, I have approached Pune based commissioner for Co. Op. Societies & Registrar of Co. Op. Societies and presented my case to him. This highest authority has instructed its subordinate officers at district and local level to look in to my case and take necessary action as required. In spite of my couple of reminders, nothing has yet been done till date and my matter is being tossed up between Officer of Commissioner of Pune, Thane District Dy. Registrar and Vasai Taluka Dy. Registrar, though these govt. officers/govt. agencies are legally duty bound to attend to and act upon the matters placed before them.
    I am a victim of grave injustice at the hands of my society and now have become a victim of total apathy/inaction of these govt. officials by denying me the justice, I have been fighting for. I have now realised that, the futility of pursing my case with these concerned govt. authorities and my solicitors have advised me to approach the judiciary at the highest level for redressal of my grievances and urgent relief.
    In the meantime, please let me know if I have any other option under MCS ACT 1960 or MSC RULE 1961 which are potently effective, decisive and also relevant to my case. I am now looking forward for your expert advice and guidance. If you have come across any court order or verdict in the case similar to mine, kindly let me have the details of such case for my further reference.
    Your co-operation will definitely minimize my hardship to proceed on right path of justice for which I will ever remain grateful to you.

    Thanking You.

    Meghashyam Rawool.

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  • Meghashyam Rawool says:

    Thanks for your prompt reply dated 17th April,16 .I would like to proceed in this disputed matter with the help of the legal experts as advised by you.But,before that I would like to question the co operative authority, that the managing committee of our housing society has charged me a legal fees in my monthly maintenance bill after issuing a letter from a advocate that is the advocate is paid for the purpose to write me a threatening letter stating that your membership would be expelled and for that the meeting would be held . I wold like to know whether any Act or Rule of co operative
    Housing society justify this action. And for that reason,I would like to have any court verdict as a documentary evidence,for which I am ready to pay. which enable me to prove that I have been purposely neglected by the govt. authority.and the concerned management is liable to prosecute in the court of law.Solicit your co-operation.
    Thanks. .

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  • ARUN PANDYA says:

    DEAR SIR, I AM STAYING CHS IN MUMBAI.MANAGING COMMITEE HAS SENT ME A SEPARATE BILL FOR CCTV INSTALLATION CHARGES ALONGWITH MAINTENENCE CHARGES BILL.I WANT TO KNOW IS THIS CORRECT? IF I DONT’T PAY THEN CAN SOCIETY LEVY PENAL INTEREST?
    REGARDS
    ARUN PANDYA

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  • sapna sharma says:

    I am living in a cghs society in Delhi. All other members, have covered their balocny and using it for personal and commercial purpose. I recently did the same. Now one of my neighbours have filed a complaint regarding it to the registrar office. I want to know, what will happen next according to law and can they even destroy the construction too or is it legal to cover ur won balcony, which doesnt come under the common area of the society.

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  • JAYESH SODHA says:

    We purchased a flat (First Sale) in Co.op. Hsg. Society at Malad, Mumbai in 1981 & its in my mothers name while I (son, legal heir) pays for maintenance since 1994. 3 years back, I was also selected in Managing Committee but upon my voice for application of Deem Conveyance which is still not taken was removed from post.
    Recently on 4/9/16, AGM was held with an Agenda for Re-development of society & my attendance was signed. But upon my demand to appoint PMC for feasible report for all members, the Secretary refuse to accept my vote & asked me to step out of the meeting. This stand was supported by other MC on ground that flat is in my mothers name & I have no right to speak at meeting.

    QUERY: I’d like to know on my Rights & Privileges to not only attend & speak at AGM but also what action I can take against culprit Secretary who wants to dominate the re-development by getting a builder of his choice & mint personal money.
    Regards // Jayesh Sodha

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  • I am member of a employees co-op society. The employer is one research organisation viz. Central Marine Fisheries Research Institute, Kochi.
    on 1 august 2016, I applied 3 types of non surety loans viz. emergency loan of Rs 20,000/-, consumer loan of Rs 30,000/ and educational loan of Rs 50,000/-,the total amount being Rs 1 lakh. On May 2016 I got a transfer order from the employer transferring me to a place Karwar in karnataka; but I went to CAT and got stay till a final decision is taken by the super employer based at Delhi viz Indian Council of Agricultural Research. I am not relieved from Kochi so far. As per the bye law of the society, only staff working within Ernakulam district are eligible for the loan. As on date of application and as on today, I am on the rolls of my office at ernakulam and not relieved so far. The management committee took a stand that I can not be sanctioned the loans as I am transfer.Please advise me in which court I should file case, if I desire.

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  • Girish says:

    Our Society elections took place in May 2015 as per new rules and subsequently the Dy. Regitrar asked to RATIFY the adoption of new model bye laws which we did in AGM in Sept 2015. however due to technical lapse in filing the same before registrar, the registrar has asked us to obtain fresh resolution in the current AGM 2016.

    my query is What is the date from which our Society is governed by the New Model Bye Laws? is it from date of election or is it from agm 2015 or it will be from the date the registrar approves the same?

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  • Suhas Gokhale, Vashi, Navi Mumbai says:

    Our soc doesn’t levy parking charges to the members having stilt parking saying that stilt parking is owned by respective member but levies parking charges to the members having open parking.pl offer comment as to whether this is in accordance with the respective act applicable in Maharashtra & give solution to this at the earliest.

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  • Noel D'souza says:

    There has been constant leakages/water seepage at various places in out Flat on account of the renovation work carried out in his Flat by a Member who stays on top of our Flat.The expenditure incurred by us in painting our house has been wasted.Several requests to the said Member has not heeded any results.We have also now tried to file a written compalint with the officer bearers of the Housing Society and the same has not been accepted by them.Their verbal request to the said member has not yielded any results.Please guide me how to proceed legally and if I can file a complaint in the Consumer forum.

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  • sandeep saxena says:

    Dear Sir,
    thanks for this platform , i am a flat owner of cghs society in patpar ganj. my issue is regarding my allotted parking space . please confirm do i am authorised to provide my allotted parking space to my outstation guest to park their car , whereas i will park my car outside the society . is there any notification or any court orders related to this issue. i shall be thankful to you.

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  • Gunanidhi Sethy says:

    I have purchased a flat in the top floor of a multi storied apartment in Bhubaneswar and staying there. I have furnished some portion of the roof with vitrified tiles and kept some flower pots there.Now the society is forcing me to vacate the flower pots from the roof. I want to know whether I have any legal right to use the roof as the owner of the flat on the top floor or not. If yes, is there any judicial pronouncement similar to this matter.

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  • Neha Chatterjee says:

    Hello I need suggestion. We have 1 our personal vehicle and 1 vehicle provided by our company. For both the vehicles, we are paying the parking charges. But one of the member objected stating we can not park our company vehicle inside the society.
    Is their any rule on this ? Can we park the vehicle inside the society ? Please reply urgently.

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  • dhiren says:

    I have a flat at ground floor and 1 st floor flat owner did some renovation and leakage problem started and it has been nearly 1.75 years nor he getting his leakage fixed and nor the society chair persons are doing anything. i have even given 2 written complaints but nothing has been. kindly suggest what should i do?. it has also resulted in my paint removing and furniture getting affected.

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  • SHANKAR KHOT says:

    Sir,
    I am the Member of the CHS in Mumbai. Request your guidance on the following queries: –
    1) Our Management Committee passes resolutions in Annual General Body Meeting & Special General Body Meeting without anyone proposing & Seconding the resolution. Are these Resolutions Valid ?
    2)Does the Defaulter Member has the rights to demand copies of Management Committee Meeting Minutes or any documents related to the property such as Commencement Certificate, Building Plan etc. Can the Managing Committee refuse the defaulter member the same ?
    3) Our Society was registered in November 2007, but still the society Maintenance Bill sent to the Flat Owners shows Ad hoc Maintenance instead of details such as Repair Fund, Property Tax etc not mentioned in the bill. can we debate with the Managing Committee with regards to the same ???

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  • Rajesh says:

    Good Morning Sir/Madam,

    Recently I have bought a flat in Thane, Mumbai from a reputed builder who has given the posession of the said flat. Before I could move in I have initiated civil work including getting one of bathroom converted to Indian Toilet for which I need to do core cutting on the brick wall (not on pillar or slabs) and changes to the common sewage pipes.
    For this the society committee has objected and have asked me to not get this changed. But I feel this is my basic rights to have an Indian Toilet in my house.
    Whom do I approach and how do i take this forward
    Your early reply will be much helpful

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  • Rajesh says:

    Thank you !!!

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  • PRADEEP AGRAWAL says:

    I have been keeping a small flower pot just outside my flat. The manager of the society has come to my flat and informed me verbally that I will have to remove it, otherwise penalty will be imposed.
    Please let me know if penalty can be imposed and to what extent. the society has adopted the new byelaws dated september 2014. I am also afraid that under clause 169(a), they could also impose penalty upto 5 times the maintenance.

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  • Mahesh Shirodkar says:

    I am member of a C H S. There are coconut trees planted 15-20 years ago by a member(who is no more alive) in the campus of society. Son of late member who planted trees claiming ownership of coconut trees & having dispute with society management committee on coconut trees. No permission given by or taken from then managing committee for plantation of trees. In this case, who has ownership of coconut trees & coconuts. Please advice.

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  • Mahesh Shirodkar says:

    Thank you very much Sir for your advice. Will you please mention details about laws or bye laws under which stated that, trees & crops,etc. planted on society land are property of society?

    Law Bye laws no. section sub section no. will help me to mention in the letter to the managing committee. It will be great help to resolve matter in favour of all society members.

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  • Mahesh Shirodkar says:

    No agreement to give crop over Society’s land. Thank you Sir for your valuable advice.

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  • Subhash says:

    My son is solving problem of engineering students in my house ,and that I have informed earlier to the society ,on the basis of that society has asked me to submit the affidavit. Can secretaryhas right to ask me submit the affidavit

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  • sunil kumar says:

    I become member of a co-operative society where 106 flats were under construction in Gurgaon, flats were to be delivered in 2012. the construction stoped in 2011, management is absconding since then .they over sold flats illegally. now they want to increase the no of flats to 190. my value of flat is more than 1 crore. can I along with few others file case in national consumer court as I am not getting any relif from register of society

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  • Deshpande R.J says:

    All answers are very nice and relevant

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  • Mahesh Shirodkar says:

    Dear Sir,

    I am a member of a C.H.S. I have paid Rs.5000/- to my C.H.Society in february 2014 for the purpose of Audit work. After more than 3 years Audit work has not been done.(even Auditor not appointed yet. Zero Audit work done) And Rs.5000/- not returned by society. What can I do as per law in this case?

    Thanks in advance.

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  • Mittal says:

    I ve filed a FIR against my relative ( blood relation) as me & my family is having Life Threat from that abusive & violent relative. I had informed Society President in writing many times as to stop the entry of that person in the society, but no response.Result was that person came again and broke my house window and kept on shouting and abusing me & my family. Before i cud call Police, she left and subsequently an FIR was also filed by me.. Accordingly again I gave a letter to society to restrict entry of that person in society who is also known to them .Surprisingly, society president threatened me that its a family matter and that violent abusive relative who is a sr citizen lady ,can not be stopped and instead i can be punished legally..

    In fact now a days the threat is from relative too.

    Such is the arrogant behavior of that society president.

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  • T.A.Poojary says:

    Sir,

    I have complained to Dy. Registrar of hsg. societies for misdeeds of our society office bearers. Dy. Registrar has wrote letter to them for clarification and resolve the matter. But corrupt office bearers called a SGM and alleged me for complaining to Dy. Registrar and false allegation made against me for which they never show me any such papers nor did they given me the chance to prove any of their allegation.
    They circulated false minutes with allegation against me and even displayed this in bold letters on notice board for public reading. All these they are doing to hide their deeds of pocketing society fund because I have found out their misuse of Society Fund and I have the proof of this with me.

    I am the original members of the society for the last 30 years. I am retired person without any income . These office bearers are new members particularly joined after 2006-07.

    Please guide me and help me how to handle these corrupt office bearers. T.A.Poojary

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  • Mr kapur says:

    My society has installed a faulty door at entrance.i m a Sr citizen and facing problem to use it.i have complained to them but no result .what should I do now

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  • harpal singh says:

    sir my father was employee of a primary agriculture cooperative society, Tosham road, Hisar (Haryana) due to his illness (70% handicaped declared by MEDICAL BOARD HISAR) he was removed from his service and no any help or welfare given to us nor they gave us any financial help (wages /salary). At the time of removing from service, the time of retirement was near about 5yrs. Now the case is in HIGH COURT CHANDIGARH, is there any provision for our benefit as the society has refused to give any assistance in this regard.

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  • Deepak says:

    Hi
    I live in MumbaI
    Our managing committee has collected major repair funds for over a year.
    Now they have come up with more expenses and new demands for more funds
    I and many other members doubt a misuse of society funds by the managing committee , can someone guide me what steps to take

    I wish to take a proper legal advise

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