Saturday, 22 September 2012

Redressal of Application OR compliant of Members –

 Redressal of Application OR compliant of Members

A member can submit application or explanatory written complaint to any member of the office bearer. Take the acknowledgement of the same by the member of the Office bearer. After receiving the complain the committee will take decision on it in its immediate meeting and thereafter that decision will be communicated to the concerned member within 15 days.

If the concerned member was not satisfied on the decision communicated by the committee, or No contact was made by the committee within 15 days in this regard, then the member can contact to the complaint redressal committee formed by the Annual General Body Meeting.

 3 Member’s Redressal Committee Structure:-
1.   Chairman/ Secretary of Managing Committee.
2.   One Woman Member of Society [Owner of Flat].
3.      One Person Appoint by General Body  [It may be Housing Society Consultant/Advocate or any other person having knowledge of Co-Operative Laws] 

If a  member is not satisfied with composition and powers of such committee, then the complainant member  can  contact the  following  authorised  officers  as  per  nature  of  the Complaint.

A-Registrar of Co-Operative Society

Matters Pertaining to following issues:-

1.      Registration of Society on misrepresentation
2.      Non-issuance of the Share Certificates.
3.      Refusal of Membership.
4.      No registration of nomination by the society.
5.       Non Occupancy charges.
6.      Demand of excess premium for transfers.
7.      Non supply of copies of the record and documents.
8.      Tampering, suppression and destruction of the records of the Society.
9.      Non  acceptance  of  the  cheques  or  any  other  correspondence  by  the committee.
10.   Non maintenance or incomplete maintenance of records and books of the society.
11.   Non preparation of the annual accounts/reports, within the prescribed period;
12.   Misappropriation/Misapplication of the funds of the society.
13.   Defaulter/Disqualified Member on the Committee
14.   Investment of funds without prior permission.
15.   Reconciliation of account.
16.   Audit
17.   Non conducting of election before expiry of the term of the committee.
18.   Rejection of Nomination.
19.   Non calling of general body meeting within prescribed period.
20.   Not calling of Managing Committee as prescribed in laws.
21.   Resignation of the committee.
22.   Any other, like matters which falls within jurisdiction of the Registrar.

B. Co-operative Court

If following types of dispute arises between member/ members and/ or member of the society which falls under Section 91 of the MCS Act 1960 such as

Dispute pertaining to:-

1.      Resolutions of the Managing Committee and General Body Meeting.
2.      The elections of   the   Managing Committee, except the   rejection of nominations, as provided under section 152-A of the MCS Act, 1960.
3.       Repairs, including major repairs, internal repairs, leakages.
4.      Parking.
5.      Allotment of Plot/ flats.
6.      Escalation of construction cost.
7.      Appointment of Developer, contractor, architect,
8.      Unequal water supply.
9.      Excess recovery of dues from the members.
10.   Any other, like disputes which falls within the jurisdiction of Co-operative court.

   C. Civil Court

Dispute pertaining to:-

1.    Non-compliance  of  the  terms  and  conditions  of  the  agreement,  by  and between the  Builder/ Developer.
2.    Substandard constructions.
3.    Conveyance Deed /Purchase Deed. (Transfer of Property)
4.    Escalation of construction cost.
5.    Any other, like disputes which fall within jurisdiction of the civil court.

D.  Municipal Corporation/ Local authority

Dispute pertaining to:-

1.    Unauthorized constructions/Addition/Alterations, made by the builder/Member/ occupant of the flat.
2.    Inadequate water supply to the society.
3.    Change of use by the Member/ occupants
4.    Building’s Structural Problems.
5.    Any other subject falls under jurisdiction of Municipal Corporation / local authority.

E. Police

Dispute pertaining to:-

1.    Nuisance carried by the unauthorized use of the flat, shop, parking space, open space in the society by the members, builders, occupants or any other person.
2.    Threatening/Assault by or to the members of the society.
3.    Any other subject falls under the jurisdiction of the Police.

F.  General Body Meeting

Dispute pertaining to:-

1.    Non maintenance of the Property of society by the Managing Committee.
2.    Non display of Board of the name of the society.
3.    Levy of excess fine, by the Managing Committee for act of the member which is in violation of the bye laws.
4.    Managing Committee’s opposition for legal utilization of available open space.
5.    Non issuing the property of the society by the managing committee.
6.    Appointment of the architect.
7.    Any other subject in the jurisdiction of general body meeting.

G. Housing Federation

Dispute pertaining to:-

a)    Denial of entry to the Secretary of the society by the members.
b)    Non acceptance of any communication by the Member/ Managing Committee
c)    Convening Special  General Meeting provided under    bye- law No. 97 and
Managing Committee meeting provided under the bye law No. 133.
d)     Any other matters.

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