• Legality of Appointment of Association Committee

1. The association took over from.builders on 13 October 2019. 
2. The members from each block elected Core committee members. The core committee members elected amongst themselves the management committee. 
3. The Management committee is not addressing grievances on time and making arbitrary decisions including on STP, structural changes, leasing out UDS to supermarkets
Asked 1 month ago in Property Law
Religion: Hindu

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14 Answers

Requisition extraordinary general meeting against decision taken by MC on leasing UDS to supermarkets , structural alterations etc without consent of AGM 

 

2) you can also issue legal notice to association as to how such arbitrary decisions have been taken without AGM consent to cancel contracts awarded 

Ajay Sethi
Advocate, Mumbai
75972 Answers
4544 Consultations

5.0 on 5.0

File a complaint against the management in the Registrar Cooperative Societies Office. 

 

Rahul Jatain
Advocate, Rohtak
3392 Answers
4 Consultations

4.9 on 5.0

1. IF the members by consent has "elected Core committee members" and IF core committee members elected "management committee", THEN there is nothing legally wrong in the same and is being on all members of the Association.

2. Disputes /Grievances for Negligence /Deficiency /Misappropriation /non-performance of responsibilities /causing losses etc.... can be complained to the Registering Authority who originally registered the Association.

3. You have an positive option to file a grievance petition against the Mg.Committee & Association, in the local Consumer Court, for their illegal trade practice, negligence, deficiency, harassment, intimidation, cheating etc.... with proper documentary evidences and you can claim damages /compensation & interest for your losses, and for your physical & mental trauma.

Hemant Agarwal
Advocate, Mumbai
4712 Answers
23 Consultations

5.0 on 5.0

1. See for illegality and arbitrary decision you may complaint before the registrar also before that you can give a Show cause notice and call for general body meeting for discussing the issue.

 

Shubham Jhajharia
Advocate, Ahmedabad
24964 Answers
99 Consultations

5.0 on 5.0

1. Have the decisions been taken in a AGM? If yes, was the quorum fulfilled?

2. In this scenario an EGM  (Extraordinary General Meeting) should be called to discuss all the decisions by which the flat owners are aggrieved.

3. No confidence motion can also be moved against the management committee. A new management committee can be elected.

4. The jurisdiction of Consumer Forum can also be invoked to seek compensation due to deficiency in service.

Ashish Davessar
Advocate, Jaipur
29554 Answers
850 Consultations

5.0 on 5.0

Dear Sir,

The following information are exhaustive in nature

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https://www.icrpc.org/icrpc.org.contact.htm

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How To Register a Complaint Against Housing Society

Living in a housing society is akin to being in a committed relationship, except it gets murkier when things go awry as they sometimes do. We’ve all been in catch 22 situations where if a problem persists, we are damned if we try to solve it and damned if we don’t. After all, it is better to resolve a conflict or dispute peacefully in a way that is acceptable to both parties. If however, the society has been functioning to the detriment of its members, causing unbearable inconvenience, they have the power to right the wrong. Luckily, there are laws that guard you against real and present danger (and even inconvenience) posed to you by incompetent, ruthless or negligent committee members. This post covers the different problems that may arise for members in a housing society and various ways for redressal.

Complaints that can be raised in General Body Meeting:

  • Issues related to maintenance of the property
  • Not displaying society’s name board
  • Not allowing members access to common spaces
  • Charging excessive fines, maintenance, other dues
  • Failure to insure the property

How to submit a complaint to the Managing Committee?

The member should submit a written complaint explaining the dispute/complaint in full detail to any office-bearer of the society.

In the next committee (after the complaint is received), the Managing Committee reviews the complaint, takes a decision and communicates it to the member within 15 days.

If the members do not receive any communication from the Committee within 15 days, they can approach any competent authorities for redressal of their complaints. A copy of the original complaint letter should also be attached to the escalation complaint.

In cases that are not so cut and dried and require extensive study of legal loopholes and workarounds, members should think about hiring an experienced lawyer (preferably specialising in real estate laws) who can bear the load and present a winning case. As such, housing societies have their own legal advisor/consultant or lawyer who does a good enough job of defending it if trouble befalls. Members who want to present a solid case with all legal intricacies and technicalities covered in a complex situation, should be better off with legal counsel.

Below is a classification of complaints and the competent authority for members to approach.

Administrative and financial mismanagement complaints and disputes that fall under the purview of the Registrar:-

  • Non-issuance of share certificates
  • Refusal of membership
  • Exorbitant premium demand
  • Refusal to produce account books and registers for inspection/ tampering or destruction of records
  • Incomplete or falsified maintenance records
  • Failure to prepare audit reports/ audit rectification reports/ annual reports
  • Corruption and misappropriation of funds
  • Investing funds without prior approval of members
  • Inappropriate/false non-occupancy charges
  • Failure to conduct election on time
  • Appointing defaulting members on committee
  • Rejection of nomination
  • Failure to conduct annual, special or general body meetings wilfully
  • Failure to file returns, statements or mismanagement of bank records/documents

Disputes pertaining to repair, construction and amenities should be appealed to Co-operative Court/Municipal Corporation or Local Authority:-

  • Major and minor repairs, leakages
  • Parking issues, disputes with allotment of residence
  • Managing Committee resolutions
  • Disputes with election of managing committee (except nomination refusal)
  • High construction cost, disputes with appointment of architect or redeveloper
  • Water supply issues and high maintenance/recovery

If you are facing harassment from the committee members, including but not limited to rude/impolite behavior on a consistent basis, verbal or physical threats or assaults, you must immediately approach the local police station and file an FIR. After receiving a police NC (non-cognizable), you can approach the Civil Court for further redressal.

Complaint against Co-op Housing Society

 

To file a consumer complaint against a co-operative housing society send your complaint to the registrar of co-op housing society:

Registrar

Co-operative Housing Societies Federation Ltd.

Address of the office where your society is registered

City name

Complaint to Registrar is to be made on the matters of:

1) Registration of society on misrepresentation

2) Non occupancy charges

3) Non supply of copies of record and documents

4) Non maintenance or incomplete maintenance of records and books

5) Misappropriation of funds

6) Investment of funds without prior permission

7) Audit

8) Non conducting of election before expiry of the term of committee

9) Non calling of General Body Meeting

10) Resignation of committee

Complaint in Co-operative court is to be made on the matters of:

1) Repairs, internal repairs, leakages.

2) Parking

3) Escalation of construction cost

4) Unequal water supply

5) Excess recovery of dues from members

Complaint to Police is to be made on the matters of:

1) Nuisance carried out by unauthorized use of flat / shop / parking space / open space by member or builder.

2) Threatening / assault by or to the member of society

3) Creating noise after prescribed deadline hour in the evening

Complaint to General Body is to be made on the matters of:

1) Non maintenance of property by managing committee

2) Levy of excess fine

3) Not allowing authenticated use of the available open space of the society by managing committee

Please Note: If your grievance is not redressed, you can contact the Commissioner of the Co-operative Housing Societies Federation Ltd,. located in your State.

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Kishan Dutt Kalaskar
Advocate, Bangalore
5504 Answers
187 Consultations

4.8 on 5.0

You need to immediately complaint against them to dy registrar or approach consumer or cooperative court for the same. If it's not a co-operative society you can approach civil court too

Prashant Nayak
Advocate, Mumbai
19774 Answers
36 Consultations

4.4 on 5.0

1. If your aggrieved by the functioning of MC then refer to the bye laws to seek grievances.

2. if the bye laws does not redress your grievance or it is silent on the issue then refer to the Act under which the Association was forced.

3. If it formed under the state Apartment Ownership Act then you have line of resolution by lodging complaint with the Competent Authority and then to the high court. 

Devajyoti Barman
Advocate, Kolkata
20290 Answers
287 Consultations

5.0 on 5.0

Complain to registrar because MC not duly elected. Dissolve the MC and conduct re election.  If no solution by complaining registrar than approach court for stay on arbitrary decisions and direction for re election.

And till than, stop paying MC. Association cannot cut necessary amenities.

Yogendra Singh Rajawat
Advocate, Jaipur
19450 Answers
25 Consultations

4.5 on 5.0

- If after following the rules of Society Act, the association members has dully elected the Core committee , and further they elected the management committee , then being aggrieved , you cannot challenge the same. 

 - Since the Management committee is not addressing grievances on time and making arbitrary decisions , then you being a member , can make an application/complaint in writing to Chairman / Secretary for obtaining information about the society’s affairs.

- Further , the Managing Committee is bound to give you the required information within 15  days of the receiving of the complaint/application , and further also bound to take decision and accordingly communicate to the members.

- Further , you should also forward the said complaint copy to the Deputy Registrar of Cooperative Societies.

- Further , you can also approach the court as well , for getting order to form a new committee as well. 

Mohammed Shahzad
Advocate, Delhi
3427 Answers
39 Consultations

5.0 on 5.0

1. You can make complaint to registrar for conducting elections in society and appointment of administrator till elections. 

2. You can also make complaint against the decisions taken by managing committee on ground of legality of decisions. 

Mohit Kapoor
Advocate, Rohtak
8753 Answers
3 Consultations

5.0 on 5.0

write a complaint to Deputy Registrar. 

Mohammed Mujeeb
Advocate, Hyderabad
16593 Answers
11 Consultations

4.5 on 5.0

The affected members may intimate in writing their grievances to the association and wait for a certain period for the changes or remedy. 

If there's no response or remedy visible in sight,  then you can approach registrar of society with a neatly drafted complaint against the association. 

If no remedy available with them also then you can approach court with a suit for injunction against the association. 

T Kalaiselvan
Advocate, Vellore
65940 Answers
861 Consultations

5.0 on 5.0

Does the association have any written bylaws? Has it been registered under the Societies' Act or any other? Have the office-bearers been elected in accordance with the bylaws? Proper advice could be rendered if these questions are answered, please.

Swaminathan Neelakantan
Advocate, Coimbatore
683 Answers
6 Consultations

4.9 on 5.0

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