Tenant in Co-operative Group Housing society is Consumer

The tenant in a co-operative group housing society is consumer of the occupancy of flat & availing of services provided by the co-operative group housing society.

The Tenant is having most of the rights of the member of the Society in enjoyment of flat and facilities attached to it for which the member of the flat has paid the money to the co-operative group housing society.

Due to aforesaid reasons, residents meetings are held by most of the co-operative group housing societies, so that the Tenants can attend such meetings on behalf of the allottee of the flat in which they are residing.

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Is Tenant a Consumer

Yes, the Tenant is a consumer under the Consumer Protection Act and he can file a case for deficiencies in services by the managing committee of the Society towards the flat taken on rent.

Can the Tenant approach Registrar of Co-operative Societies

No. The Tenant has no right under the co-operative laws against the Allottee of the Flat or the Co-operative group housing society. Therefore, approaching RCS for any complaint will be futile.

Is there any one who can guide the Tenants for their rights

Yes. The Disputes Settlement Trust, the owners of this web site is a NGO, which gives free guidance to the public for their queries on this web site. Besides this, the public can ask for their paid services to ensure that the Tenants or any person resident of India do not face any harassment due to lack of knowledge of rights and liabilities of a Tenant in such a co-operative Society or a flat of DDA.

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51 Comments

  • arun says:

    can an agreement made between buyer and saler be void on the ground that saler took signed of buyer by non discloser of the fact mentioned in agrement? How can we proved it ?

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  • Raul Kumar says:

    Hi, My friend has recently taken a single room on rent in a cooperative group housing society in Gurgaon. The landlord has split 3 bedroom apartment into two sets ( 1 room set and a 2 BHK set). Both sets have separate entrance. Now , Management of society is saying that it is illegal to split apartment into two and give on rent to two different people as Multi-Tenancy is against law. They want my friend to vacate. Please suggest me what should my friend do.

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  • Shailaja says:

    We have been living in this building in vizag since 9 months. We have never been intimated about the building meetings. Acc to the secretary as we are tenants we don’t have the right to do so. Also, the secretary has increased the society charges from 1500 to 1800 without any consultation . We are not allowed to take our dog in the lift. Can you plz help.

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  • Bijay prasad says:

    I am railway employee and I have been alloted a railway quarter for accommodation, but since last three years of my stay in the quarter no any kind of repairing by concerned department was done in spite of repeated complaint. Therefore being employee can I file complaint in consumer court against Railway, for recovery of rent that I have paid.

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  • Bijay prasad says:

    how can i avail your assistance,

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  • Piyush Pandey says:

    Dear Sir, I stay as a tenant in new building of which society is yet to be formed and a proposed society is operational. The proposed society has put charges of Rs 1000 per month on tenants for using club house facilities while it only Rs 200 per month for owners. what can i do about this discrimination. What are the basic differences between the rights of owners and tenants in a proposed society.

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  • Raj Kumar Sondhi says:

    I want to thank your legal expert for guiding us and filing a case on behalf of Tenants. Now the Managing Committee of the Society is approaching all the Tenants by saying that they will look after you as owners, if you withdraw the case filed by us. We have paid the fee to Sahota sir to prepare memorandum of settlement as has been advised by him and now we hope to live peacefully in future in this Society.

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  • Adi says:

    Hi – I have rented a flat in Mumbai around 3-4 months back for me and my family as I was getting married. I got married and shifted to this flat. Now I need to get a marriage certificate from the court wherein I require a letter from this housing society stating that I live here in the said flat with my wife. But the society has denied it saying that they only issue it to the owners and not to the tenants.
    I already have an agreement with the owner for 11 months and that contains police verification as well. Also, I was first told that I need to get a confirmation from my landlord and then I will be issued the letter and Hence I got a confirmation mail from my landlord also, but the society has denied issuing the letter.

    Please advise if I can get this letter as its very important for me to get this letter and get my marriage certificate based on that.

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  • Nilesh says:

    Dear Sir / Madam,
    I leave in CHS having 4 Bld. out of which one building where i stay is full with tenants. my queries rest 3 bld. has almost 24hr water & tey provide us ony 3 hr water.can they do this, even they put a notice that tenants should not complain ( no right ) for the same . Please Advice.

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  • Venkatesh says:

    Can Non registrar society members have rights to take decision like not taking group tuition in society when the society is running by builder.

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  • Amitabh Gaur says:

    I am a resident at a cooperative society in Gurgaon sector 55 and has put my flat on rent. Last Thursday my tenants were been beaten up brutely and assaulted by the owner of the flat below my flat on a petty issue of thumping noise from my flat … On approaching the managing commitee is Corning us to get the flat vacated rather taking an action since the resident below my flat is a local goon …what is it that I can do or shall do or approach some help from anyone …. Please help!!

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  • Ramesh Chander says:

    I am member of a Coop Group Housing Society. If Members or GPA holders of flats in a Coop Group Housing Society do not make payments for months and years towards maintenance of various Services including cleaning, sanitation, security, water boosting, green area, roads, maintenance of office and payment of water and electricity Bills raise by the local bodies and other common charges to the Society, there is every possibility that there could be deficiency in services due to less collection of contributory funds. Consequently, those who are paying regularly may face deficiency of services. Can these issues (of deficiency) be taken up under the DCS Act and DCS Rules or under the Consumer Protection Act, 1986 and by whom- (i) regularly paying members (ii)by defaulters

    Ramesh Chander

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  • Gurdio singh hira says:

    Good day. I am staying on rent in cooperative housing society for last two months as tenant. The problem is that the first floor occupant has been disturbing me with bang noise during late night hours. I have written a complaint letter for which no acknowledgements has been issued to me. He also disturb with bang noise between 2pm and 4pm during day time and between 11pm and 01am during night time. Kindly advise.

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  • Harshal says:

    Hi, I am a tenant staying in a co-operative society. I have given a 1 month notice to my flat owner that I am vacating his flat and would hand over the keys to him.I asked for my deposit amount of Rs.50,000 once i hand him the keys.but he says that he will be returning my security deposit after a week of my vacating his flat.I am not convinced and asked him to return the amount immediately after I hand him his flat keys.but he directly refused saying “this is how it will happen” and i can approach a lawyer as that’s how it happens. After an heated argument he said that I will ask new tenant to hand you POST DATED Cheque of 5 days later. Now,what should i do.If new tenant cancelled his post dated cheque then what will be my options ?? Advice is needed or shall I not return him his keys till he returns me back my security deposit ?? Thanks.

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  • Harshal says:

    So,shall I take post dated cheque of his new tenant or his relative,because he lives in USA.

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  • Harshal says:

    ok,so if he drops me a email stating our terms of POST Dated cheque,that would do ? ,because I think if i ask him,he may drop email only.Does email has any validity ??

    Thank u very much for your help

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  • manish says:

    i want to ask : multi state CGHS r working in L zone dwarka -they coolect money for land/ flats for a proposed policy of DDA -is it legal or illlegal to collect money as no policy is decided yet

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  • Kiran Kalaria says:

    I am having my house in Ahmedabad in a society which has registered as Co-operative Housing Service Society. Recently I have rented out my house to a group of bachelors, all of them are working with reputed bank. Now I have received a notice from my society along with letter signed by 22 members of the society out of 38 members, to evacuate my house by the tenants. As per my knowledge Service Society is meant to look after day to day maintenance and common services of the society only. They do not have any right to interfere into other activities by the members. Do I need to answer the notice, personally or by any advocate to the society?

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  • Shobhit Bansal says:

    My society is asking for Rs. 3000/- from every tenant when joining… already they have higher maintenance charges of 18450 compared to 17500 for 6 months for let-out flats. Plz tell me if this is justified or can be challenged?

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  • VS Patwardhan says:

    Dear Sirs, I am writing this to thank your legal experts for helping to recover my illegally demanded amounts by the society & already paid by me along with interest. Many others will take benefit of it. Thank you to such a great web site also. I am thankful to google to give me your web site address also. Thank to the Internet also.

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  • pratibha says:

    Hi I am a tenant who is under stress. But my issue is with the association. We do not have a proper waste disposal system. The association ( which I doubt is registered) is taking maintenance charges from us towards water security common electricity charges maintainance which includes waste disposal. They had hired privately/ thru municipality for this service. However past few months we HV been advised to dispose waste on our own as they can’t hire nor put up a plant or make any arrangements for the same.I am paying my society charges in full. The association doesn’t respond plus pressurises me thru the owner to avoid raising issues regarding the same. As a single lady ( my husband works abroad) I find it difficult to dump waste plus I find it morally wrong and am forced to do it. Please advice.

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  • Ramu says:

    Mumbai…What is the mode of adoption of bye laws? Steps Pl.
    If resolution is passed in GB and sent to Registrar , then is it not enough?

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  • Biren says:

    Hi, I am on leave and license in a chs in Mumbai. . My landlord has 2 parking slots which he is willing to give it to me.

    In one of the AGMs, the MC has agreed on not allowing parking for residents on leave and license.

    Can the MC deny parking even if the landlord agrees?

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  • Ravi says:

    Hi Sir
    I am a tenant in a co-operative society in Mumbai. I want to know if tenants can be refused rights that the flat owner enjoys, such as use of gym/ pools or any other common areas.
    Also, this society has a common parking area for members who have not purchased parking slots (they call it stilt parking) where we and all other have been parking their vehicles on a first come first serve basis. Now the society has passed a rule saying ONLY flat owners can park their vehicles in this common area. No payments are made for use of this area. From now on Tenants would not be allowed to park their vehicles in the common area. We took the apartment considering there is an appropriate parking space. According to the new rules, If our landlord would have been staying in this flat he would have been allowed to park his vehicle in this parking area.
    Could you please guide if this is legal.

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  • Zahir says:

    I have been staying in one of the society on rent since 2years. Didn’t had any issue with anyone, was staying in peace. Suddenly owner decided to sale of the flat and had intimated us on the same. We were looking for option in same society. We got one flat on time but owner of that flat turned out to be friend on of the society member. He with other 4 members instigated new owner to not to let out the flat to us on rent as we were creating nuisance. For no reason deal got cancelled. After some time we got another option in same building they tried to instigate this guy too but since owner was strong and a genuine guy he gave us the flat on rent. Post deal when owner when to submit the agreement copy at society office they refused to accept it. What action should be taken please guide us.
    Thanks

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  • RONNIE A. WILLIAMS says:

    RONNIE A. WILLIAMS Chief Editor of City Reporter

    I am the Chief Editor of City Reporter and I live with my family in a C.H.S. My wife is a member whilst I am not. I am a citizen of this country and my Fundamental Rights are guaranteed in the Constitution of India. My strong complaint is that I have been obstructed, prevented, denied the privilege of a choice I make to avail the facility of the internet that I choose to have. Who is the Managing Committee to dictate their terms to me??????????? Besides I have suffered heavy losses to City Reporter as my entire functioning is totally based and depended on the internet for online publications. Besides the Secretary is demanding Rs. 1500/- to be paid to him on monthly basis from the service provider whilst the service provider would be charging me Rs. 500/- monthly. But, why is the service provider to cough up Rs. 1500/- every month to the Society. He is not installing any instrument nor is he availing the power supply of the society and on what grounds are these demands for??? Is this not a legalized method of extortion. The Society has said that they have passed a resolution about the collection of funds from various service providers and they are dictating terms to me to choose a service provider of their choice. They have failed to produce the bye laws. This legalizing of extortion is bad in law and calls for immediate FIR Investigation, Charge sheet and there by getting them convicted. Under the prevailing law the CrPc, CPC, IPC nad the Police Act/ Manual they must be booked. These so call Managing Committee are a law unto themselves and they are in fact terrorists who terrorize the members of the Society. They must be booked and severly dealt with.

    Any regulation which infringes on the fundamental rights of an individual can be challenged in the court of law. “The housing society regulations don’t have the same stature as that of a law. Every Indian citizen has the right to his choice to the internet (it is not banned by any law) and discrimination is not allowed on the basis of religion, caste, sex, eating habits or marital status”.
    2. I feel the housing society has not been fair, I filed a police complaint against it, claiming infringement of my rights as a citizen. I can take legal recourse, such as approaching the civil or the cooperative court. I will also appeal to the deputy registrar of housing societies concerning my grievances

    The Indian Constitution also guarantees a fundamental right to equality before law and this right to equality before law. Article 14 of the Constitution – The State shall not deny to any person equality before the law on any grounds.The Indian Constitution guarantees an individual the fundamental right to protection from discrimination.

    How do I engage the services of Internet Service Provider of my Choice is a Million Dollar Question???

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  • Amit kaul says:

    Can you please confirm is it legal that society is charging monthly maintenance charges different to owners who r residing there n to tenants different. Society has asked landlords to pat 2500 pm n to tenants 3000 pm. Secondly , they have asked tenants to park only 1 car inside the society and allowed owners to park 2 cars inside the society.
    If tenants have asked the society why this discrimination n requested socity to allow same benefits to all. Pls advise rights of tenants in this regard and what can they do . Can they complaint somewhere n what is the way forward.

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  • anonymous says:

    Dear sir, can cghs body rent a flat (whose ownership is disputed)to an independent tenant? in order to compensate for the pending dues on that flat due to non payment as the ownership is disputed.

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  • P K JAIN says:

    1. In case of joint property in CGHS, the member whose name appears first in the sale deed is entiled to vote fight election of the MC of the society. But can that person give NOC in the name of the person whose name appears next to him to fight election and vote in place of him/her ?

    2. Will the condition of one year of membership apply for person in whose name membership is transferred in case of death of one of the joint holder of the property ?

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  • Sunny says:

    Hi can u confirm that can tenants attend the SGBM of any CGHS society. I understand that they cannot vote but can they sit in SGBM n be part of that meeting if the points discussed is related to parking and maintenance of tenants.

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  • Aparna says:

    My Landlord refuses to return the security deposit even after I have evicted the house. Can I approach Consumer Forum in this regard?

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  • Salil says:

    I have rented my flat in thane district to a family. The agreement is due for renewal and I informed the society about the extension of the contract

    I was told that the same family cannot be extending the term as they have completed 3 years – Is this true?

    Nowadays it’s tough to find tenants who pay on time with lot of other issues that are seen

    Can a society inform the owner of the flat that the tenant agreement should not or cannot be extended

    What reasons
    What grounds
    What are the owners and the tenants rights

    The lease was over on 31.3.16

    Look forward to some feedback soon

    Regards
    Salil

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  • Piyush says:

    Question: I am staying as Tenant from last 8 years in 3 story building. Due to problems in water connection pipe fitting I am not getting water from last 15 days. Not a drop of water. When I am trying to take the water from water tank, secretary not allowing to do so.
    What can I do.? Please advise. What are the rights of tenant for basic needs like water. When other all members are getting water regularly.

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  • Hello Sir, My name is ashish, I am tenant in a Housing Society in Lucknow. Society in my building is not a registered one. Flat owners are creating problems for me. Issue is – one day secretary of my building shifted my two wheeler without my permission and without asking me. He claimed that he has shifted my vehicle forcefully. When I told him that he did wrong and he should pay recovery for my damages. He denied and abuses me. When I raise this issue to Society President, first he told that he will discuss it with Secretary which he did not. Then after few days, I again raise same issue and also found out that there are flat owners who are managing Society are not paying maintenance and taking maintenance from Tenants only. Today I have raised this issue again. First President wife take me to Secretary flat and told me resolve my issues with him. There Secretary’s wife refuse to apologize and even try to hit me during verbal conversation. Society President’s wife and my wife was also there. After that I left that place and came back to my flat. I got call from flat owner that society president complain against me and forcing him to force me vacant flat.

    When I gone back to those society members, they all blaming me that I have started fight and lying that I try to him that Woman. They also threatening me to vacant flat otherwise they will lodge an FIR against me. Also claiming that they have relationship with city SP and get me arrested.

    I am feeling so helpless, they destroyed my property first, when I claimed, they told me I am no-one to ask as I am a tenant and they are flat owners. Society is not a registered society and President and Secretary doing thing on their own wills and creating new rules everyday.

    Please suggest what are the legal measures I can take in order to counter their nuisance as now they are forcing others like maids and labors not work in my flat.

    Please support me I need a legal help urgently.

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  • Mahesh Rawal says:

    We are tenant in a multi storey building in a complex with amenities like clubhouse swimming pool and gym. society is new and. Committee is newly formed they are asking extra 300 rupees maintenance per flat for tenant besides normal maintenance of R’s.1800 per month.and for clubhouse registration charge they are charging 100 R’s.from owners of flats and 300 R’s.from tenant per person and 600 R’s for owners and 2000 R’s from tenants.what should we do? Please guide sir

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  • Charmaine BARRETTO says:

    Hello . My Society in Mumbai has bye laws that prevent members from leasing their flayed . I have done a registered L& L and police clearance and my friend lives as a tenant . The Siciety has now sent me a notice to vacate the flat . They also say they will stop her from parking her car .
    Please advise : can I take any preventive action to stop them from parking ?

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  • Sqn. Ldr. J. P. Singh (Retd) says:

    In my Society, Tenants and who are owners are charged heavily. The idea behind this philosophy is to make it difficult to rent out the flats by owners. In Delhi people come for job and look for house on rent. If this kind of policy is adopted by the Members of Management Committee, who will look in to plight of tenants.They so not hold any meeting where tenants can present their grievances. They are treated like second rated citizens. What is the solution.I believe Hon’ble Supreme Court has passed some verdict in favour of tenants.Can you throw some light on to it.

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  • Arora sonal says:

    We are tenant and residing in flat for 2 years.we had a family function for which little noise was there .however the. Next day from society we received notice to leave the flat or pay x amount and they have given second notice now stating if we don’t pay it will be added to society maintenance and interest will be applicable accordingly.our owner have supported us till now. its harassment completely .pls suggest what can we do.

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  • nagesh says:

    hi secretary asking for money (bribe ) every year for extension of agreement i have built good relation with my ownner and owner also says not to pay to secretary can i stay on rent if i made stamp duty agreement with owner and get police noc with society noc because i doubt secretary wont give noc if i donot give bribe

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  • Ankit Agarwal says:

    Hi , we are tenants in a cooperative society & we have been living here for the last 1.5years
    We have our own pet dog , but now suddenly they are asking us to leave the house as they have made a rule that tenants are not allowed to have pets , however owner can have their pets , kindly help us out .

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  • sachin borkar says:

    ifa member resides in a comercial place than what is the problem to the society

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  • Ashutosh Tiwari says:

    I stay in Mira road District Thane at Navgrah complex on Rent, where few society members are forcing us to not plant potted plants because of little water flow from our balcony. They also harassed us by taunting that we are tenants and not the owner of flats so we can’t speak anything. This is now getting a routine, please guide us where we can complain against them and also let us know where there is a law where tenants can keep potted plants.

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  • Rajeah says:

    Can society members bar a male family friend of a married woman with a kid. Her husband knows about this friend and is seeking legal help. He stays abroad and is concerned for his family

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  • Rajesh Mishra says:

    hi,
    we have recently shifted in a society, where we have been promised of getting equal benefits of using all the amenities like, club house, gym etc & even the parking space. Now 3 months down the line the society has decided that the tenants cannot enjoy these amenities anymore & also no parking space. Kindly guide.

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  • rishi says:

    Hi, i am new at mumbai and a tenant, i hv query. i already submitted my security of 1lacs to my falt owner. now society formed, new laws ask every tenant to pay again a security amount of 10k n a in and out charge of 5000 inr. is this legal? kindly help?

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  • Rahul says:

    Hi, I am tenant in Pune. We are living in society before it was formed. Now, society formed and committee is asking for 500 parking charges for tenants only. That too they are not providing any receipt. Is this legal. Where should I register complaint.

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  • Pushpita says:

    Can tenant vote in housing society’s election in absence of the flat owner and with the owner’s permission.

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  • Pushpita says:

    Our society has four tower. Can the society be divided into two parts with two tower in each.

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  • Sajjad says:

    Hi, My self Sajjad I took one flat on leave n licensee when I suppose to put my Airtel DISH TV installation on building terrace but society denied the same they are saying only flat owners have permission to put there DISH TV antenna on terrace then I request them to allow me to put on watchman cabin but they refused that also I need to know is there no any rights for licensee to do or any another option what I can do please advise.

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  • Sagar Shah says:

    Hello, I have a residential flat which I want to give for rent for commercial use. Society is already charging me on commercial basis and not residential. Many flats in society are used for commercial activities,which is fine by society. They refused 2 possible renting clients on grounds of what their activities are. Back office for a blood testing lab & classes. They told me it’s fine to give it on rent to an office but not these 2. What options do I have if I want to give flat on rent for classes? What can I do to ensure there is no trouble later on to the tenant?

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  • Kamlesh says:

    Hi
    Can a tenant has right to speak to society for any kind of problem in the society or issue letter to the society regarding the issues. If yes under which clause does the tenant has the rights.

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