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Redressal of complaints in Co-operative

Housing Society
Posted: September 20, 2012 | Author: yazdi | Filed under: Co-operative Societies |271 Comments
REDRESSAL OF COMPLAINTS IN A CO-OPERATIVE HOUSING SOCIETY – J.B.Patel – Housing
Societies Activist
Whom to approach with your complaints for Redressal when you have any dispute with your co-
operative housing society?
Following are the authorities as prescribed under Maharashtra Co-operative Societies Bye Laws to
whom you can approach for redressal of your complaints and disputes. Approach the right place
with right complaint, if your complaint has merit. Do not waste time and money with irrelevant
departments other than those mentioned below:
XVIII. REDRESSAL OF COMPLAINTS:
Maharashtra Co-operative Societies Bye Laws:
173. Complaint application to be submi8ed to the society
175.
(A) Complaints to be made to the Registrar
(B) Complaints to be made to the Co-operative Court
(C) Complaint s to be made to the Civil Court
(D) Complaints to be made to the Corporation / Local Authorities
(E) Complaints to be made to the Police
(F) Complaints to be made to the General Body of the Society
(G) Complaints to be made to the Federation
173. Member / Members shall submit their complaint application

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173. Member / Members shall submit their complaint application to any of the Office bearers
Complaint application of the society, in writing, giving thereby the details of the complaint to be
submi8ed to the society.
174. After receipt of such, complaint application, the commi8ee shall take decision thereof, in the
coming Managing Commi8ee meeting. Such decision shall be communicated to t he concerned
member, within 15 days thereafter.
175. If the Member/ Members are not satisfied by the decision of t he Commi8ee, or does not receive
any communication from the commi8ee within the time specified above, he / they may approach the
Competent Authorities , depending upon the nature of the complaints , as enumerated below:-
(A) ASST. REGISTRAR / DEPUTY REGISTRAR:
Ma8ers pertaining to following issues:-
a) Registration of Society on Misrepresentation,
b) Non-issuance of the Share Certificates,
c) Refusal of Membership,
d) Non registration of Nomination by the society,
e) Non Occupancy charges,
f) Demand of excess premium for transfers,
g) Non supply of the copies of record and documents,
h) Tampering, suppression and destruction of the records of the society,
i) Non acceptance of the cheques or any other correspondence by the commi8ee.
j) Non maintenance or incomplete maintenance of record s and books of the society,
k) Non preparation of the annual accounts/reports, within the prescribed period,
1) Misappropriation/Misapplication of the funds of t he society,
m) Defaulter/Disqualified member on t he commi8ee,
n) Investment of Funds without prior permission,
o) Reconciliation of Accounts,
p) Audit,
q) Non conducting of election before expiry of the term of the commi8ee,

r) Rejection of Nomination,
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r) Rejection of Nomination,
s) Non calling of General Body meetings within prescribed period,
t) Non calling of Managing Commi8ee meeting as prescribed in Bye – laws,
u) Resignation by the Commi8ee,
v) Any other, like, ma8ers which falls within jurisdiction of the Registrar.
(B) CO-OPERATIVE COURT:
Disputes between the members and / or the members and society, which fall under Section 91 of the
Act, such as:-Disputes pertaining to :-
a) Resolutions of the Managing Commi8ee and General Body.
b) The elections of the Managing Commi8ee, except the Rejection of
Nominations, as provided under section 152-A of the Act,
c) Repairs, including Major Repairs, internal repairs, leakages,
d) Parking,
e) Allotment of Flats/Plots,
f) Escalation of construction cost,
g) Appointment of Developer/ Contractor, Architect,
h) Unequal water-supply,
i) Excess recovery of dues from the members,
j) Any other, like, disputes which fall within jurisdiction of the Co-operative Court.
(C) CIVIL COURT:
Disputes pertaining to: – Complaints to be
a) Non compliance of the terms and conditions of the Agreement, by and made to the Civil between
the Builder/ developer, Court.
b) Substandard Constructions,
c) Conveyance,
d) Escalation of construction cost,
e) Any other, like, disputes which fall within jurisdiction of the

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e) Any other, like, disputes which fall within jurisdiction of the Civil Court.
(D) CORPORATION / LOCAL AUTHORITY:
Ma8ers pertaining to:-
a) Unauthorized constructions / additions / alterations, made by builder / member occupant of the

flat,
b) Inadequate Water supply to the society,
c) Change of use by the members/occupants.
d) Building’s structural problems.
e) Any other, like, ma8ers which fall within jurisdiction of the Corporation / local authority.
(E) POLICE:
a) Nuisance carried by the Unauthorized use of the Flat / Shop / Parking Space / Open space in the
society, by the members, builder, occupants or any other persons ,
b) Threatening / Assault by or to the members’ of the society,
c ) Any other , like , ma8ers which fall within jurisdiction of the Police.
(F) GENERAL BODY:
a) Non maintenance of the property of the society by the managing commi8ee,
b) Non display of Board of the name of the society,
c) Levy of excess Fine , by the managing commi8ee for act o f the member which is in violation of the
Bye -laws ,
d) Not allowing the authenticated use of t he available open spaces of t he society, by the managing
commi8ee .
e) Non Insuring the property of t he society, by the managing commi8ee,
f) Appointment of Architect,
g) Al l other, like , ma8ers which fall within jurisdiction of the General
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g) Al l other, like , ma8ers which fall within jurisdiction of the General Body.
(G) FEDERATION:
a) Non allowing of the entry to the secretary of the society, by the member .
b) Non acceptance of any communication by the member / managing commi8ee.
c) Convening Special General Meeting provided under the Bye – law no. 97 and Managing
Commi8ee meeting provided under Bye-l aw No. 133.
d) All other like ma8ers.
As on today, Consumer Disputes Redressal Agencies are considered as the fast and reasonable. The
aggrieved person may make use of the a8ached ” The Consumer Protection Act, 1986 (68 of 1986)
dated 24.1986 – Click Here for the Act
271 Comments on “Redressal of complaints in Co-operative

Housing Society”
1. vinod ahuja says:

December 5, 2012 at 12:21 pm
Dear Sir,
Our society is located in Mumbai suburbs in Khar, We have shortage of parking space with total
members standing at 17 and parking space available is 7 and one member parking 3 vehicles. The
society has 1BHK (total 3), 2BHK(total 3) and 3 BHK (10) flats and a commercial shop.
I have been facing parking problem for last 3 years, Initially when I enrolled for membership in
our society I was informed that as per the resolution passed at managing commi8ee in 2006 new
members will not get nor demand parking space and NOC issued only when Affidavit is signed
that it will be not demand parking space in future. I have to

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that it will be not demand parking space in future. I have to sign it as there was no other option
left, even though I knew the affidavit is not tenable nor enforceable in law and all these acts are in
violation. Verbal assurance was given to me that as and when parking space is available it will be
allo8ed on first in first come basis
I had for last two years taken up the ma8er with the managing commi8ee that instead of
increasing maintenance charges year after year, we should be charging parking charges (Logically
demand and supply support the charging part and is allowed as per byelaw) but they bluntly
refused instead maintenance was increased as all members will have to pay equally. Also one of
the reason for not charging parking charges was that illegal parking done by few members will be
exposed.
For three years I maintained my calm and tried to make peace, I compromised from car to Bicycle,
Recently when I parked my bicycle, the secretary objected to that too. She maintained that there is
parking problem and you need to take permission from members who park their vehicle . I was
informed that society will not do anything about illegal parking (2 cars).
The bigger picture came out while discussing with other members was that which was shocking
to me that since there is no rule nor transparency with regard to parking, All the assurances given
to me at the time of purchases will be overruled by managing commi8ee ,these members who
park their vehicle (have become owners of the parking space) will sell their parking space to the
members who purchase their flats and we will never get parking space ever. My Question is
maintenance is charged equally to all members on what basis, these people who take benefit of
free parking year after year, claiming to be owners of parking space will not pay anything. Few
members have kept quite as they get free parking benefit (total 5), 2 members have given their
premises on Rent so they never a8end annual meeting, 3 members are senior citizen (ladies and
single) who do not own the cars and do not understand much though they know about this
injustice.
I want to fight on behalf of all as I feel that the managing commi8ee is cheating all the other new
members who do not have parking space ,will not be able to sell their flats as new purchaser
investing huge amount will demand parking space but maintenance will have to be paid equally.
Few members will exploit all other members, few members will support wrongdoing for their self
interest ( Free parking charges – 5),. Where is democracy and transparency, I feel the whole
commi8ee is responsible for this lapses and should be penalizing individually as the support
unlawful acts and instruction issued to them that injustice done to new members should be
stopped, Charge parking fees to all vehicle ( whether legal or illegal) from the day they have been
parking vehicles as this is not food for the society financially.
Please guide us and support us with your views which will encourage us to fight till end. Let God
grace our members and give them some sense to stop this nonsense.
Regards
Vinod Ahuja
Reply
Dalim Guha says:
January 31, 2013 at 11:28 pm
I understand your problem but I do not have any suggestion to make. I also have a problem. I
wrote to the Registrar, I am directed to the federation. Federation don’t do anything effective,
they run their own law shop/business. Nobody is there to turn to. Authorities work as the
agent of the corrupt, but maintain the facade of gentlemen/caretaker.
dalim.
Reply
eleena100 says:
May 21, 2013 at 7:18 am
If you really fight this issue of car parking, you should

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If you really fight this issue of car parking, you should approach the Consumer Forum,
Bandra.
The law on this issue is clear and you will get relief.
You can contact me if you like.
Binoy Gupta
eleena100@hotmail.com
sid says:
September 25, 2015 at 12:45 am
Ask for allotment le8er if you believe they own that parking place which should be
specified in the registered agreement copy.However as per law open space cannot be sold.
Deepak Thakkar says:

March 27, 2013 at 12:55 pm
Your solution may be by way of rotation parking for every member(s) on year to year basis.
Consult your lawyer.
Reply
Ravi Pandey says:
March 29, 2013 at 4:51 pm
By laws 78 to 85 define the process of parking allotment. That has to follow up. Incase society
is not following up, you can approach registrar. Bylaws define incase the parking is shortage
then every year parking has to be allo8ed by management comity based on lot basis.
Reply
Douglas Purcell says:
May 31, 2013 at 10:53 am
Dear Vinod,
A professional Manager would be of great assistance here, firstly a manager needs to have a
look at natural law. There is a problem and that is the development was built with a shortage
of spaces. How to allocate these to a title is not easy.
A solution to this is the Owners rent these spaces out and anyone can pay for a space for an
allocated period and waiting lists should apply. The spaces are deemed as common property
and not an individual entitlement.
Parking of Scooters and bicycles should be permi8ed subject to layout and design. The
manager would need to review all previous By-laws for fairness and natural justice and
automatically repeal any that are unjust at an appropriate forum.
If you have any question please feel free to e-mail me.
Kind Regards
Doug Purcell
Reply
Desai says:
March 16, 2015 at 4:14 pm
Hi,
I need some advise. I purchased a flat in Mar 2008 and

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I need some advise. I purchased a flat in Mar 2008 and became the member of the society
while in formation duly filling in the form. Subsequently I was elected as a part of
managing commi8ee and became the office bearer. In 2014 I purchased second flat in the
same society and was inducted as a member by the agm too. For a few days I had two flats
and I was a member for both the flats. Subsequently I sold of my first flat and now have
one flat for which my membership continues, as per agm induction.
The question is, because I was appointed as a office bearer or mc member due to my
membership of first flat, which I have sold now, do I need to resign from mc or office?
There has been no break in my being the member of the society. In fact there has been
overlap since I was member due to two flats.
Please advise,
Thanks
SD
Jai says:
Hello Vinod,
I hope you are well.
was your ma8er resolved as in my case too society has taken NOC but old members are
parking 2 or 3 cars. When approached they say you have signed the NOC and now has no
rights to ask any questions
Kindly advise if your ma8er was solved as it is very identical
Awaiting for your reply. my email address is jai22_d@yahoo.com
Regards,
JD
Reply
eleena100 says:
What is this NOC?
If there is shortage of car parking spaces, they should be allo8ed one per member…..only
after this, can a member get a second car parking space.
Jai says:
Hello,
It is a le8er taken from us where by no reserved car parking spaces will be allocated to any
new members. I did ask them that they are taking these le8ers but I hope it is fair enough
to which they confirmed but is all verbal.
when i approached them again, they are adamant on the same le8er as why I signed it. It
was clear that if I had refused that time the society would have never given permission to
buy me that flat.
It seems old members have more priority as few have
https://consumerresources.in/2012/09/20/redressal-of-complaints-in-co-operative-housing-society/ two or more cars to park it. They also
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It seems old members have more priority as few have two or more cars to park it. They also
have rotational parking but that too they refused to allocate stating that i have signed that
NOC.
If i am not mistaken as per what i read over the net
1. For open parking each member should have one allocated parking and if parking spaces
are less that it is based on rotational parking
2. I feel it is illegal that they take NOCs from new members for not parking whereas old
members are ge8ing all preference. This is just to hide all their shortfall in their past
do I stand a chance to take this ma8er up and the original case posted by Vinod was quite
similar but not sure how he resolved his ma8er. i am not sure whether Vinod is reading
these messages as well and if he can suggest something as well.
Regards
Jai says:
January 2, 2015 at 3:23 pm
Hello Guys,
Any update.
Is it legal for Coop societies to take NOC from new buyers for no parking and old members
can park as many cars they want.
We have already signed this NoC as society was not allowing us to buy the flat.
Kindly advise.
Regards,
Jai
Reply
Binoy Gupta says:
The rights and duties of a member flow from the Act, Rules & Bye laws.
NOC taken under coercion in violation of the Bye laws is a nullity.
Jai says:
Hello binoy,
many thanks for your reply.
Recently on 6 Jan i read two articles, one in Gujarathi newspaper and other in hindustan
Times. As per the newspapaer every member should park only 1 car IN THE SOCIETY and
rest should be outside the building by paying overnight parking charges or in authorised
car park.
I want to be sure whether such law is passed by BMC as I can take such paper work to the
society and show them. As per the society if old spaces are allocated to any member cannot
be taken back from them. Even if few members have 2 spaces allocated they cannot take it
back.
back.
Kindly advise what next step i should take
regards,
JD
eleena100 says:
I don’t know about this news item. But the BMC can not over ride the co-op act and rules.
And what the MC says is certainly not right.
Jai says:
Hello binoy,
Here the rules are in teh same lines of Coop hsg scty if i am not wrong. the by laws too says
that every member should park only 1 car as per priority and if more cars then spaces
available then it should be on rotational basis.
Kindly also advise that if 2 or more allocated open parking is given to any member in the
past and since court has bye laws stating that only 1 car per member, then should the
society go back to each member and abide by the rules or they cannot ask the members to
surrender additional parking.
I am all confused here. I just need to know whether i stand a chance anywhere before i
address this issue to the society.
regards
eleena100 says:
Can you address your queries to me direct on my email.
Oomman says:
February 17, 2015 at 8:41 am
The easy and best way is to be in touch with people like you in the society and try to get into
the management commi8ee, so that you also become one among them. When is the present 5
year term of the commi8ee is finishing? If they do not call for fresh elections tell the Dy
Registrar they will depute the RO to conduct election.
Reply
Sanjay T says:
March 9, 2015 at 12:25 pm
I have a query w.r.t. audit of housing society.
Society’s audit was carried out by Registrar. However, some of the members are not happy
with the audit and audit report. They want to get audit done by a Chartered Accountant
again and get report from him.
Questions:
1. Can a few members appoint an auditor for such purpose? Is it to be approved in EGM?
2. Can these members have access to books and vouchers to get audit done?
3. If members give approval of such audit, whether report

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3. If members give approval of such audit, whether report from such auditor binding on
them?
4. Will it overrule the audit report given by registrar?
Thanks.
Sanjay T
2. Prashant Kadam says:

January 13, 2013 at 12:56 pm
Dear Sir,
I Prashant Kadam, stay in F/524, Vrindavan B. Morwala CHS, Majas Wadi, Jogeshwari (E),
Mumbai. I submi8ed application to my society commi8ee for NOC for sale of flat. But they
blackmailing me to withdraw case from court against one member of society. As the dispute was
from personal dispute and there is no co-relation of society. Also commi8ee member who is
designated as secretory and Treasurer, there rooms are not on there own name. Kindly provide
me help in this issue.
Reply
Deepak Thakkar says:
March 27, 2013 at 12:57 pm
Bombay High Court has pronounced judgment which says you do not require NOC. Consult
your lawyer whether this judgment will be of any help to you.
Reply
k.s.viswanathan Iyer says:
October 15, 2014 at 8:30 am
Sir, Can you please get me the copy of this judgement to my mail id
ksvishy@rediffmail.com. I would be thankful. I a Viswanathan Iyer, living in Rail Vihar
society, Chinchwad, Pune-33. I also read that bye- law No 45 specifically says that to
mortgage your rights in your flat to any bank or any financial institution, NOC from
society is not required. Please think.
Thanks
3. Vikram.goyal. says:
January 20, 2013 at 11:41 am
Resorted sir, Anmol pride a new society a general body meeting was called by chief promoter
there was no advance preparation of ballot paper voteing but the president of meeting helping a
group call out for ballot paper voteing at 10 .30 to 11.30. About 20 member boyco8ed the meeting
after giving a le8er to the president. We had already complaint to the registrar on 19 /12/12 but no
action habe been taken till today.now they r taking financial decision that can harm
the socurry. What to do.
Reply
4. venkatnarayanan says:
January 21, 2013 at 12:44 pm
Respected Sir,
My Name is .VenkatNarayanan
i Purchased a house of 1BHK,stamp duty and registration done.i

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i Purchased a house of 1BHK,stamp duty and registration done.i gave Society of Rupees 25000/-
for Membership,i took housing Load from a bank for ge8ing Loan bank needs NOC
saying that there is no due from old owner of the property,Society gave me the NOC also i got
Loan,the old flat owner gave cheque for the dues of maintenance, after ge8ing NOC i got Loan
and the loan amount also has been transferred to the old owner, i shifted to the flat, i approached
the society secretory for name Transfer of the flat and Membership as i gave the DD for the
same,the secretory told me that the cheque given by the old owner for the Maintenance due got
Bounced, and The society secretory started deducting the maintenance due from the 25000/-
Rupees given by me for the Membership,now the secretory says they will not make me as a
member of the society till i pay the Maintenance due or approach the old owner and get the
money from him, and the society secretory spoke
with me very rudely,
and the society secretory is in favor of the old owner , Kindly suggest what action i have to take.
Reply
Sadanand Patil says:
March 20, 2015 at 1:09 pm
Approach Registrat of your area about refusal of membership statinf facts and circumtances of
your case. Membership is open membership society can not refuse otherwise registrar can
accept your membership after hearing both parties with proper orders.
Reply
5. jitendra pasad says:
February 2, 2013 at 2:36 pm
If a society viz.JANVIKAS chs is formed without any agreement vide no.14714 of p ward/n and
tampered with date of allotment.
Reply
6. Vijay Raut says:
Vijay Raut, New Premvasundhara Andheri (E),
Our MC in the gathering on Jan26, flagged off a vermiculture project without informing members
of the cost of the project and the benefits.
It also decided on applying for conveyance at this gathering.
Can the commi8ee take these decisions without calling a general body meeting, especially if it has
been so decided in the last AGM, which also approved a limit of Rs.10,000/- on the MC for any
expenses.
Reply
yazdi says:
No. The commi8ee cannot take decisions which are in excess of the cost approved at the AGM.
You may complain to the Dy. Registrar concerned and ask for an enquiry
Reply
7. Peter Bothello says:
I am staying in Vic Mon Apts, Marol, Andheri(E),
We are staying here since 1992. We have a member who is the wife of a flat owner who happens to
be the son to whom the property belonged . The property was sold to a builder & that is how we
have come in along with other flat owners.The owners family was given some flats in this
complex. Now we have this lady who continuously humiliates all office bearers & screams saying
the property still belongs to her. I don’t know how ?? She complaints
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the property still belongs to her. I don’t know how ?? She complaints to the police station & BMC
at the slightest instance whenever Society does any work which will do all members good. We are
fed up with this. We are wondering how the police & BMC take action on her call & that too
immediately. Has the Society missed something ? Please advice
Reply
8. OMSHANTI says:
Dear Sirs
Regarding: Threatening/fighting with Managing Commi8ee / Neighbors and society Members
Sorry to inform you that Mrs. Geeta Nandan Prasad and her Son Mr Vivek Nandan Prasad
staying in” A” 402 Om Shanti Co Operative housing Society Ltd, Shanti Complex , Raj Shivaji
Nagar , Tunga Village , Saki Vihar Road , Mumbai 400 072 always Threatening/fighting with
Managing Commi8ee / Neighbors and society Members even they are a defaulter last Many years
Can check their record in Powai police station as many complaints also will be there since fighting
in the Family also
Society still providing essential service even Approximate 5.70 Lacs out standing as per the
society records and society requested them to sort out their dues but they don’t want to do so ?
For the same reason may be fighting?
Mrs. Geeta Nandan Prasad and her Son Mr Vivek Nandan Prasad Visiting / going to Managing
commi8ee members residence all the time and Threatening/fighting with bad words and stating
they are Political worker of BJP If they are really a social worker why became defaulters many
years.? And why spoiling Image of the party.
Request you please look in to the ma8er and let society work smoothly and members can stay
calm and quite and stay peace it is an a request.
If any other details if you need please let us know will be provide on request
Thanks
Managing Commi8ee
Reply
9. Nitin says:
March 31, 2013 at 1:43 pm
I have a flat at ground floor. The main entrance is at south. The east side is outer side of the
building and I would like to build/make another door there. My society rejets my application for
this stating that this will look ugly. Kindly let me know who am I suppose to get the permeation
and the law regards to that.
Reply
10. Omkar Pendurkar says:
April 10, 2013 at 1:25 pm
i am residing in dombivali. its a cooperative housing society. my mom is heart patient and doctor
has advised to take a walk in a fresh air twice a day. i reside in 4th floor and mom is 55 years old.
its impossible to go down therefore we requested the chairman and secretary to provide us with
the duplicate keys of the terrace so that she can take a walk
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the duplicate keys of the terrace so that she can take a walk for a while however the chairman and
secretary is not allowing and kept the terrace locked. what can be next course of action ?. i have
already submi8ed an official le8er with health report from doctors. please suggest
Reply
mehar chand says:
November 19, 2014 at 10:12 am
as per fire safety regulations terraces are not to be locked
Reply
11. Douglas Purcell says:
May 31, 2013 at 4:12 am
In India are there professional companies that a housing Co-operative can outsource too that
manage all of these events on your behalf for a yearly management fee.
If so can I have some names of these firms?
It appears that any problem resolution is left internal and any external is expensive court action.
Reply
eleena100 says:
May 31, 2013 at 8:31 am
Can you be more specific about the problems you have in mind?
Binoy Gupta
Reply
Douglas Purcell says:
May 31, 2013 at 8:39 am
Binoy,
I dont have any specific problems but it seems a majority of people do commenting on this
site. I am a professional body corporate manager here in Australia, and I deal with
everything and more that you have listed. See Australia was one of the first countries in the
1960’s to adopt this type of approach in management.
The courts and tribunals were clogged with complaints and outsourcing to an independent
manager was deemed the most professional way. Plus it allowed owner to enjoy the peace
and quite of thier units not to be involved in internal ma8ers.
I would be interested in start up in India and train other professionals in this field.
My website is hAp://www.bodycorpnt.com.au if you are interested.
eleena100 says:
May 31, 2013 at 8:58 am
Alternate Dispute Redressal systems and arbitration are the best and fastest methods for
redressal of such disputes.
But then,, both the parties should be agreeable to these methods.
Binoy Gupta
12. Douglas Purcell says:

May 31, 2013 at 10:28 am
Dear Mr Gupta,
have sent you a personal e-mail explaining what I do here in

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have sent you a personal e-mail explaining what I do here in Australia, I look forward to your
insight into issue relating to the management of Co-Operative Housing Societies.
I am also a member of the SCA hAp://www.stratacommunity.org.au/ a large organisation for all

practitioners and a fine place to network.
Many thanks
Doug Purcell
Reply
13. Yeshavant Nevrekar says:
August 20, 2013 at 1:57 pm
I am Treasurer of [Registered] Harsharvardhan Co-Op Hsg Society, Mumbai-400053.
Our CHS had 25 member having flats of different areas. Our Building have 12 stilt parking
garages which were sold [by Developer] to some of our flat owners who own them to park their
cars. Other open space is also used for open parking of cars of all members.
For Major repair of building, the garage owners refuse to CONTGRIBUTE & pay proportionate
repair charges as per area of their ownership garages. Can u guide as to whether the ownership
garage owners are right in their approach as there is no such clause in the society Bye Laws.
thank u.
Yeshavant Nevrekar, Treasurer, HARSHAVARDHAN CHS, MUMBAI.
tel 9819982409
Reply
Yatin Dholakia says:
June 19, 2016 at 9:18 pm
Dear Mr. Narvekar
How was the issue resolved. Did the garage owner pay the charges?
Reply
14. Jivan Kotian says:
August 22, 2013 at 9:36 am
My kitchen ceiling plaster came down on it own no seepage no activity from the above flat, nor
any other activity which could have happened the damage. if one see that the plastering was not
done properly. I took possesion of this flat along with other in dec 2009. the society is formed and
now 3 year old. builders is not ready to listen nor society is doing anything. wanted to know who
is responsible and how to go forward.
Reply
Jivan Kotian says:
September 2, 2013 at 3:33 pm
awaiting some feedback
Reply
Umesh Pawar says:
Same thing happen with me… Could u please advice what should I do?
Reply
15. tamoghneswar das says:
Respected,
Respected,
Sir.
I am Tamoghneswar Das, I live in kalla central hospital (asansol), district burdwan, west Bengal. I
am working in a private organization. My wife name is Dipanwita Das, she is a school teacher. We
have one daughter ,age is 1 year 8 month.
Sir, 5 or 6 month ago My wife feel her stomach pain. Gallbladder stone is detected by USG after
few days. Then we went to Dr. B Das (m.s) ( doctor of kalla central hospital ) for treatment. My
wife was admi8ed on 4/6/2013 in kalla hospital for operation under Dr. B das (m.s) and operation
has been done on next day(5/6/2013). The operation was laparoscopic surgery, after operation bile
was come out through a pipe, but amount of bile increasing day by day ( start with 25 ml and
after few days it’s increasing up to 500 ml ). But after operation Dr.B Das did not come for check
up the patient condition , but in place ofDR B Das, Dr. P. K Sahoo (Head of the surgical
department ) was visiting every days to check up the patient condition, as per Dr.P k Sahoo
suggestion that the extra flow of bile will be stop after few day’s if taken proper food and
maintain walking.
We are confused to see that every time Dr.P K Sahoo was visiting in place of Dr. B Das.yet the
patient was under treatment of Dr.B Das. After our enquiry, we could know that actually
operation has been done by Dr.P K Sahoo to show his DEPARTMENT HEAD power. Both of Dr.
Did not inform us about this ma8er. So my question is………
1. Why has the operation been done by Dr. Sahoo without our permeation or any kind of
information??????
2. Why did Dr. Das not inform us that he did not do the operation yet the patient was his
supervision?????????
After 10 to 12 days , we change the hospital kalla hospital to west bank hospital (andul Kolkata),
kolkata for not stop the flow of bile yet Dr.P K Sahoo is assuring to us that problem (flow of bile)
will be stop within some days but we forcefully change the hospital.
In west bank hospital, Kolkata the patient was admi8ed under Dr. Dilip Todi. After check up by
Dr.D Todi, he said that the flow of bile can be stop by the ERCP operation, but after ERCP on
20/6/2013, Dr. Todi said that ERCP surgery did not successfully complete because the bile duct is
divided two parts when laparoscopic surgery was held. So only the solution is major open
surgery for solve this problem. And he referred to Dr. Arindam Dasgupta (Dr. Of west bank
hospital, surgery department ) for open surgery.
The major surgery on 25/6/2013 has been done by Dr.A Dasgupta and the surgery was start at
12.30 pm and complete 7.15 pm. After completion the surgery the Dr. Dasgupta Said that problem
is solved.
But due to number of surgery on same body the patient is to weak and face several problem like
during walking, taking food, laying etc. So that Dr. Suggest that to take rest up to 3 months.
So, we have disappointed and mentally injured for this case and lot of suffer many kind of
problem like money, time etc.
Now the patient is mentally and physically weak and also suffering the lot problem like how do
continue her job ( school ) ,take care of baby, and also other problem in her personal life.
So, We are requesting that please take a step against this case and give us proper justice about this
case.
Thank you,
Thank you,
Yours faithfully
Tamoghneswar Das
Asansol,kalla central hospital
Kalla purba para
p.o- kalla central hospital
dist- burdwan / pin- 713340
Reply
16. Skk says:
I own a Flat and also a car parking slot in a Co-operative Housing Society at Mumbai (suburbs).
Since i do not stay there i have rented out the flat. However, My tenant doesn’t own a car. My
queries:
a. Can he park his two wheeler there?
b. Can the Federation allow anyone else to park their vehicles there without an intimation to me?
If they do so what can be the legal implications, if any.
d. Can the Federation charge someone else for my car park without any intimation to me?
Reply
Binoy Gupta says:
All car parking spaces…..stilt and open…belong to the Housing Society.
They have to allot them as per bye laws.
You are under a wrong notion that it is your car parking space.
Binoy Gupta
Reply
17. Skk says:
sorry forgot to mention that the car park was allo8ed to me and i have paid for it as well.
Reply
18. Pawan says:
Sir,
I am the legal heir of a flat in Thane. As per the nomination form submmited by my father the flat
was transferred to my name. When I approached for a NOC to the socetiy I was informed that the.
Flat is wrongly transferred to my name. I again submi8ed all documents required but till date the
soceity does not respond to my application for the transfer of the flat.
Reply
eleena100 says:
October 28, 2013 at 12:16 pm
I understand the flat is already transferred to you name.
So why should you worry?
In whose name are the Society bills coming?
And why do you need the NOC?
Reply
Pawan says:
October 28, 2013 at 7:37 pm
The society bills are sent in my fathers name. I had approached

https://consumerresources.in/2012/09/20/redressal-of-complaints-in-co-operative-housing-society/ for an NOC 3 years back 17/70
to
The society bills are sent in my fathers name. I had approached for an NOC 3 years back to
sell the flat. But then the secretary told me that the flat was wrongly transferred without
documents in good faith and that transfer is void.
eleena100 says:
November 1, 2013 at 8:42 pm
I presume your father is not alive……
Then how can the bills still be in your fathers name?
Write to the Society pointing this out and ask them to issue bills in your name.
Binoy Gupta
19. anju kapoor says:

Sir,
I want to ask which court in mumbai should i go to appeal regarding my share in my mothers flat
at jogeshwari mumbai
Reply
eleena100 says:
Dear Anju
Your question is much too vague.
Pl. give some more details, then only some one will be able to advise you.
Binoy Gupta
Reply
20. Ranjit She-y says:
Can you please guide me where I need to write/ complaint on my building secretary/chairman
1. My top up loan is approved and the bank is asking me to submit NOC & copy of society
registration certificate. I have sent several mail communications to the secretary. But he is least
bothered to understand the importance of his own society member.
Plz suggest.
Ranjit She8y
Dombivili,East
Reply
21. Yogesh says:
Dear All,
I have a query.. I have a flat in navi Mumbai, the co – operative housing society which is formed
by the residents of the society keep on making certain rules, although some are agreed upon and
some are not but they keep on saying that majority of people who a8ended the meeting have
agreed upon the rules so its passed.
So I just wanna know if a rule is passed and if you being the only one who doesn’t agree upon still
the rule is passed and you cannot do anything for it.
They made a rule that tenants cannot park there vehicles inside
https://consumerresources.in/2012/09/20/redressal-of-complaints-in-co-operative-housing-society/ premises.. excellent so which 18/70
They made a rule that tenants cannot park there vehicles inside premises.. excellent so which
family who owns a damn car is gonna take my place on rent if they cannot park the vehicle inside
the premises. 2. The rule is passed that no bachelors would be given the place on rent.. They are
working professionals and I am ready to provide there NOC from the police station and thank
fully they don’t have a vehicle but I cannot give my place on rent since the rule says so.
In short am I being screwed because I own a flat and m not living in it and paying my duys and
taxes and whatever shi8 maintainance charges which they keep on increasing iquietly pay. They
say they are renovationg the building I don’t want to but still I have to pay money why because a
rule is paased in the society…
Is there anything that I can do. In this market I am hardly ge8ing any new tenant for my vacant
flat for the past 20 days coz family wouldn’t take it and bachelors my society wont let them have
it.
PLEASE HELP and SUGGEST…..
negiyogesh81@gmail.com / 09978911209
Reply
22. Kishn says:
January 2, 2014 at 11:05 am
Thank you for your valuable time. I am facing the below issue:
Seller not handing over the Share Certificate of the flat which I purchased on resale.
Sale deed is complete & registered , I have the NOC on my name from the society and I have
occupied the flat too. He is holding and not handing over the share certificate and expects more
money to hand it over. I had complained to the society on this by submi8ing my Registered sale
deed but no response from them on this .
What options do I have? Any response would be appreciated.
Reply
Binoy Gupta says:
File a complaint in the Consumer Forum.
Binoy Gupta
Reply
kishn says:
Thank you Binoy. How can I go ahead with a complaint in consumer Forum and I had the
understanding that the consumer forum would handles issues w.r.t to goods purchased?
Forgive my ignorace it its wrong.
Binoy Gupta says:

Where are you located…where is the society, and.where does the seller live?
Binoy Gupta
23. Kishn says:

Me, Seller, Society — All located in Pune.

Me, Seller, Society — All located in Pune.
Reply
Jigs says:
Hi Kishn,
My case is very much similar to you. Can you let me know what steps you took? Can just do
indemnity bond sign by me to the society saying that the share certificate is lost?
Reply
24. Shrenik Kapasi says:
I stay in a co-op hsg. soc. in mumbai. Our soc. is planning re-development. There is a dry area of
140 sqft which can be accessed only from my premises. I have claimed the said dry area along
with my premises, but society is not accepting my claim as they are saying that dry areas cannot
be used or claimed by any member of a society. Pls help me out in this ma8er.
Reply
25. S S Gupta says:
Dear Sir,
My issue with the society is
1. Society not submi8ing the annual accounts since last 7/8 years, earlier i had given the maint bill
with protest le8er, but since last 2 yrs there is only oral assurity but no compliance. As a member,
i am in total dark as what society is doing with money & what is the financial status of the society,
besides submission of annual accounts is one of the major responsibility of the MC. In frustration
since last one yr i had not paid the maint bill. PL ADVICE APPROPRIATE COURSE OF ACTION
THAT I CAN TAKE, i do not wish to default on maint pmt.
2. I have rented my flat, my normal monthly maint chgs is Rs.650/-, now from Apr.2013 it hads
been raised to Rs.1000/- pm Is it as per rule/bye-law. If not, WHAT SHOULD BE MY COURSE OF
ACTION.
KINDLY ADVICE.
S S GUPTA
shivam987@gmail.com
Reply
26. Mitali says:
March 11, 2014 at 12:54 pm
Hi, Good day
Self and my parents are staying in Kurla East Mumbai at Ground Floor in Co-operative housing
society from 2009 which has re-developed under MHADA redevelopment.
Now since from last five years, no individual member has performed their family function
/occasion at Ground floor in building compound.
We got to know that one of the individual member is insisting to perform their family ceremony
at ground floor in building compound.
We being staying at ground floor has the objection since it will

https://consumerresources.in/2012/09/20/redressal-of-complaints-in-co-operative-housing-society/ create a problem to us by creating
20/70
We being staying at ground floor has the objection since it will create a problem to us by creating
disturbance in our privacy by way of noise, presence of outsiders and it will be a long run issue
which will keep on going with other 28 members. We do not want to communicate with each and
every member of society on this issue. We are requesting the Commi8ee to solve this issue
permanently and maintain the rules.
If it is allowed to perform to one society member then it is applicable to all other 28 members for
which we had put a request to Chairman of our society that do no allow them to perform their
ceremony at Ground floor. We have other option of Terrace which you can advice them.
Also would like to inform that our flat is situated at ground floor in such a way that is not
constructed in a corner. It is located in middle and all the four side are visible and one wall of
every room is in form of Windows. We do not want anyone to put the Mandap outside our
windows. Our intention is to maintain a proper discipline by keeping hygiene and clean
environment in the Society compound
My mother is a diabetic/ thyroid / hypertension and urtacaria patient. Since when we had put a
request to Chairman he has not taken any action immediately and did not acknowledged our
application le8er with society stamp. I had sent the application le8er for 3 times by Registry.
Till date, he has not acknowledged the application le8er copy with society stamp and returned to
us. Hence i had lodged a complaint to Police station against Chairman for non-cooperation.
Now this issue will be discussed in Special AGM since we are firm on our stand that any
individual member’s function should not be performed at Ground floor on the basis of cleanliness
, limited space and on my mother’s medical grounds.
We need your kind cooperation in form us guidelines to present our side to Society commi8ee
and get the success.
Every time the commi8ee and society member dominates us being we staying at Ground Floor.
Please let us know the rules as per Bye laws on which we can educate them and stop their
nuisance by sending childrens in the afternoon to play and shout and making noise for which my
mother cannot sleep in the afternoon after taking medication like oral insulin. No proper timings,
carpentry work.
This all has impacted her health and therefore we all the mental stress for such small issues and
non- coperation from Commi8ee on our issues.
We look forward for your kind support. Appreciate your reply on my email id –
mitali@uniworld-logistics.com / 9819 399 621
shall be obliged.
Thanks & Regards,
Reply
27. Yogesh says:
April 28, 2014 at 3:53 pm
Hi,
My Father was named as treasurer of the society in year 2008.

https://consumerresources.in/2012/09/20/redressal-of-complaints-in-co-operative-housing-society/ we have completed the accounts 21/70
My Father was named as treasurer of the society in year 2008. we have completed the accounts
and submi8ed audit report in year 2013. now we do not wish to continue as treasurer as we have
shifted to other place retaining our flat in the society. in the general body meeting we have put
our resignation and non of the members present object to it. however, in the minutes of the
meeting, they rejected our resignation without stating any reason. the real reason is there is no
one who is willing to take such a responsibility. My father is old and can not do this work any
more. is there any way out to this. can we write to all members and request them or whom should
be approach.
We live at Pune. my name is Yogesh Namjoshi and name of the society is Bakulashree Housing
society, Pune. Pl. advice
Reply
28. dhaku vithal parab says:
May 6, 2014 at 10:22 pm
89/840, ramabai colony,trasist camp,Ghatkopar east Mumbai 400075 he maze Ghar kosalnyacha
avstet ahe.
Shantisagar ho. Society, ramabai colony,Ghatkopar east yanchi sarva jababdari age. Taste Mhada
ne mala le8er file ahe. te sarva police sabasad ahet. Te sra che sabhasad nahit karan 540 roon paiki
akahi sabhasdhe nav 1995 chya yadit nahi. Mala ghar na deta sansta mazi fasvnok karit ahe. Apan
societyvar karvai karavi.ph:8976561756
Reply
29. utsav says:
May 27, 2014 at 12:41 pm
Case: Mr.A & Mr.B are living in a G+2(flats with ground, first floor & second floor building). They
have their own car parkings with a gate in front( so that animals like cow, dog, cat, etc can’t enter
and parking remains clean). But Mr.B objections that Mr.A & his family will not go outside of his
parking gate otherwise he will lock his own gate..
As per the definition of parking can somebody stop somebody for just passing out of his gate or
not..??
Note: there are total six flats in this building & all flats have their own parkings but Mr.B have
central parking, and Mr.B have restricted all the five flats of the building to go through his
parking via his gate.. Builder have allowed no common space in the building.. all the space has
been sold as parking with gates in front of them.. All people park their vehicles in their own
parking but they are not allowed to pass away from mr.B’s parking whether gate is fully opened
or closed and the main thing is that Mr.B now a days locks his gate in daytime also which makes
confusion in outsiders mind who comes to building as Mr.B has center parking.. My(mr.A)
parking gate does not fully opens because in front of my gate a neem tree is there and builder has
also made stairs in front of our parking gate instead of making slope, so we cannot bring our two
wheelers inside through our gate and car can never be brought in due to neem tree. either the tree
should be removed which will be illegal or to remove our gate which will against us with all other
flats. Other people of other four flats also started doing like mr.A like locking a gate.. now we
have no way to get in or out of our home easily.
We visited to builder of the flats but he told that mr.B can lock his gates. The fact is that Mr.B and
builder are of same caste and supporting each other.
We also reported to police station for lodging FIR against Mr.B for locking a parking gate &
submi8ed an application in police station but Mr.B’s relative is SP(in police) and he got cancelled
our application..
There is nothing mentioned about parking gates in registry of home.. its only wri8en that one
parking is allo8ed to Mr.____. Please suggest that is mr.b is right.?
situation in madhav nagar, jaipur
Reply
Reply
30. priyanka says:
June 11, 2014 at 4:49 pm
hi…my mother in law has not made a will but has nominated my husband 60% and me 40% in
the nomination form …since my husband has 3 sisters and they are married on sister is out of
contact so the society asked us to put an add in 2 local news papper for the same ..its been 2 years
now ..they did not put our names on the nomination form ..later we came to knw 3 yrs back when
my mom in law was alive she has complaint to the police as she was bed ridden the society had
dough the holi festival fire out side our door compound and the police asked the commi8ee to
change thier place …so cause that my husband and me had to give a wri8en apology le8er for the
same the le8er is also acknowledged by the secretary …and now they are ready to put our name
on the share certificate .cause they are going for redevelopment .so the secretary asked me to give
the original share certificate and 60rs chq for transfer which will be done in this years AGM …but
i am worried since 2 weeks the secretary has not called me to collect the original share certificate
from them ….i have taken the secertary signature and society stam as acknowledgment of the
original share certificate wth them…i am worried what if he miss uses my share certificate …what
do i do then
Reply
31. Shailesh says:
June 11, 2014 at 9:04 pm
Dear sir,
My mother purchased a residential plot through a housing society at Nagpur. Both my mother
and father are now dead. I am the beneficiary of the said residential plot by way of will.
A portion of the plot is under acquisition / Development Plan or DP (since 2000) for making of
road. The Housing Society has since then revised the map as the old map was not acceptable by
the corporation under the new DP. The society is allo8ing plots. Now, when our turn came we
were informed that since part of our plot was under acquisition, we would be given only half of
the area and that too not on the road, but else where. All of this has been told to us verbally.
The overall area of the society and also the area under the plot has changed. I want to know that
on what basis the allotment of plot (and area) should be done and what are our rights. Is the
society bound to allot in the proportion or they can arbitrarily allot plots to members (as a
beneficiary I assume that I am a member) ?
I am in urgent need of money, so is it possible that I accept whatever is being offered and then
later on ask the society and office bearers the basis of their allotment to us and others?
It is also interesting to note that the new map has lesser area under plots, but more number of
plots. I am more of less sure that the office bearers are only trying to take advantage of my
situation. Please advise
Thanks.
Reply
32. Mrs. Kannan says:
July 14, 2014 at 2:09 pm
Hi,
I own a flat in “A” society in Panvel. I bought the flat from builder and the society was already
formed at the time of purchase. I submi8ed all documents requested by the society after
possession. I paid the maintenance charges for two months after possession. When I went to
collect the share certificate, I was told that there is some issue
https://consumerresources.in/2012/09/20/redressal-of-complaints-in-co-operative-housing-society/ with the date on the certificate and23/70
collect the share certificate, I was told that there is some issue with the date on the certificate and
will be reissued the share certificate. Now the society management commi8ee has changed. The
new secretary called me and said that the builder has not paid maintenance dues before
possession and I need to obtain the NOC from builder that the no dues are pending with society.
The Secretary has said that he will not issue share certificate if I do not provide the Society with
NOC from builder. Is this legal that after the society has started collecting maintenance charges
from me, they can deny issuance of share certificate.
Reply
33. Adv Sonam Chandwani says:
July 18, 2014 at 2:23 pm
Hi we have our law firm based in Mumbai and we do take all co operative society ma8ers and
provide free legal advice you can call us on 9096798916 for all your problems.
Regards
Adv Sonam Chandwani
Reply
Ivan says:
January 19, 2015 at 11:29 am
Dear Advocate,
greetings. We live in a society since 2012 located at Thane . Society has been formed since
Oct,2014. We had a recent AGM meeting last week and the Expenses sheet with breakup was
provided to us and discussed at large. Our society consists of 3 wings. A=83 flats, C=83 flats
and B=110 flats. A&C consists of medium and larger size flats with more carpet area and
common area. B consists of smaller flats ie 2 BHK. My question, the expense sheet provided
indicates that larger flats to pay 50% of the maintenance charges than the smaller flats are told
to pay, I fail to understand the logic behind this. MC says it is as per bye laws, I wish to know
which bye laws. Can someone assist on this. How can an owner who owns a flat 2-3 times my
flat size pay half of what I’m told to pay as maintenance. I feel the bye laws are being inducted
and misused for the benefit of the majority. Is this admisable as per the law.
Reply
eleena100 says:
January 19, 2015 at 12:05 pm
All flat owners, irrespective of the size of the flats, have to pay the same maintainance
charges. If you are saying that the larger flats are paying less and smaller flats more, there
must be some logic which the MC can tell you..
Ivan says:
Hi, could you please me an example of what could be the logic behind this. Just to clarify,
my contention is not with the common area amenities as such, but on the ie electricity
charges where their bldg enjoys more private lifts, and also the carpet area of their flats are
much more. Sorry but i don’t see the logic. They cannot explain the logic behind this but
only seem to quote the bye laws and hide behind this illogical argument.
Thanks for sharing your views.
eleena100 says:
The Bombay High Court has held that the maintainance charges have to be levied flat wise
and not area wise. So if there are two flats – one 1000 sq ft. And another 2000 sq ft. And
both pay Rs 1000 per month…..one pays at Rs 1.00 per sq ft. And the other pays Rs 0.50 per
sq ft. They have given detailed reasoning in the order.
sq ft. They have given detailed reasoning in the order.
Ivan says:
may be misunderstood here…… we are not questioning the quantum, but the total
amount, let me set an example.
flat of 1500 sq ft carpet area pays in totality maintenance Rs 1400/- PM whereas
flat of 800 sq ft carpet area pays in totality maintenance Rs 1400/- PM. This only shows that
they end up paying 0.93 per sq ft, whereas we are paying 1.75 per sq ft / monthly.
Trust you got the gist of my argument.
Tks for sharing.
surendra shende says:

with greetings, I live in nagpur in 100 flats of society since 2009 soceity registared from 2013 in
the registar office nagpur. The some of executive membes like the president and secretary is
not owner their wifes are owner and registar flats his wife name they are right to legaly
participated in election or other leagal activities in society of flat owners There are all papers
are signed by her hasbund and take the action others owner . it is legaly right or not kindly
suggest me and wright on mail shende.surendra@yahoo.in
Reply
34. prashantpharaterashant says:
July 22, 2014 at 12:11 pm
Stay to form society from Dep Registrar pune
Builder did not form society or apartment after final completion le8er on 30.05.2012 because he
wants to sell terrace which is illegal. He has already sold out 1 terrace.
On 03.02.2014, 17 members out of 21 decided to form society against builder and send first notice
which builder rejected.
Then we approached Co-op department Pune and deputy registrar sent him 2nd notice on
07.03.2014.
After this notice Builder started deed of declaration on 09.03.2014
On 13.03.2014 builder done deed of apartment with the help of 4 members out of 21 members.
In between deputy registrar asked builder and one promoter from our society to present for
hearings.
After 3-4 hearings and almost 5-6 months later District Deputy Registrar’s final decision on
30.6.2014
Is after registration of apartment from builder, we can’t form society. Two registrations against
same property not allowed. Though Deputy Registrar was aware of the decision why he took 3-4
hearings. He could have told us straight forward that it’s impossible to form society now. But he
did not. What he achieved by wasting our time, money. I can’t mention it here what he has
achieved.
Isn’t it injustice to us? After 4 years from possession and after 2 years from completion
Le8er when members started this process. There is no value to majority of members. There is no
value for date we started first. If Builder do deed of apartment of 1 member, society can’t be form.
Isn’t it unfair? What is this non sense?
There is no value for 17 members (Majority) but 1 builder and 1 member can form deed of
apartment and after that society can’t be form. What is this?
At one side government of Maharashtra supporting and calling

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At one side government of Maharashtra supporting and calling people to come forward for
conveyance deed and at other side you see the rules against common man and in favor of
builders. We daily read article from newspaper on this. Minimum 5 members require, within 4
months from completion Apartment or society must be form where these rules here are in this
case.
We should all come forward to stop this. We need your help.
This needs to change. Common man can’t bear this all now. Enough is enough.
Present laws of co-operative housing department are in favor of builders. Please help us. There
are many societies in Maharashtra facing such issues.
Please suggest. We will be really thankful to you

Why these laws/rules is in favor of builders. Dep. registrar should not give stay to form
cooperative housing society in this ma8er.
Reply
35. prashantpharate says:
July 22, 2014 at 12:12 pm
Builder did not form society or apartment after final completion le8er on 30.05.2012 because he
wants to sell terrace which is illegal. He has already sold out 1 terrace.
On 03.02.2014, 17 members out of 21 decided to form society against builder and send first notice
which builder rejected.
Then we approached Co-op department Pune and deputy registrar sent him 2nd notice on
07.03.2014.
After this notice Builder started deed of declaration on 09.03.2014
On 13.03.2014 builder done deed of apartment with the help of 4 members out of 21 members.
In between deputy registrar asked builder and one promoter from our society to present for
hearings.
After 3-4 hearings and almost 5-6 months later District Deputy Registrar’s final decision on
30.6.2014
Is after registration of apartment from builder, we can’t form society. Two registrations against
same property not allowed. Though Deputy Registrar was aware of the decision why he took 3-4
hearings. He could have told us straight forward that it’s impossible to form society now. But he
did not. What he achieved by wasting our time, money.
Isn’t it injustice to us? After 4 years from possession and after 2 years from completion
Le8er when members started this process. There is no value to majority of members. There is no
value for date we started first. If Builder do deed of apartment of 1 member, society can’t be form.
Isn’t it unfair? What is this non sense?
There is no value for 17 members (Majority) but 1 builder and 1 member can form deed of
apartment and after that society can’t be form. What is this?
At one side government of Maharashtra supporting and calling people to come forward for
conveyance deed and at other side you see the rules against common man and in favor of
builders. We daily read article from newspaper on this. Minimum 5 members require, within 4
months from completion Apartment or society must be form where these rules here are in this
case.
We should all come forward to stop this. We need your help.
This needs to change. Common man can’t bear this all now.
https://consumerresources.in/2012/09/20/redressal-of-complaints-in-co-operative-housing-society/ Enough is enough. 26/70
This needs to change. Common man can’t bear this all now. Enough is enough.
Present laws of co-operative housing department are in favor of builders. Please help us. There
are many societies in Maharashtra facing such issues.
Please suggest. We will be really thankful to you

Why these laws/rules is in favor of builders. Dep. registrar should not give stay to form
cooperative housing society in this ma8er.
Reply
36. ana sanghe says:
July 29, 2014 at 5:08 pm
Sir
We purchased an under construction apartment in redevelopment society from builder in
Mumbai. Last year we got pocession and we are staying there. Now old members are exhanging
their old share certificate with old.But they are not giving share certificate to new members until
we pay rs. 25000/- as entry fees. They says it is as per by laws of society. Our point is as the old
society is dissolved and new society is formed with addition of a word ” NEW ” to existing name
of society, then how we are entitled to pay entry fees? Can you please guide us on this.
Thanks
Reply
37. Manish Asarkar says:
July 30, 2014 at 2:33 pm
ey society in the AGM passed false resolution that there is no encrochment by members on the
area of the Society. When enquired MC refers to the resolution passed by the AGM and may be
due to vested interest trying to postpone decision pertaining to the encrochment to ensuing AGM.
what remedy i have in this. can i wait for an AGM or i have any other remedy beofer the
Cooperative court or any other authority.
Reply
38. sohanlal Jain says:
August 1, 2014 at 2:24 pm
I am facing problem of rain water from the building terrace.The ceiling of my bedroom and all
wall of the room spoiled by plaster and color. The rain water is comming from a hole in the ceiling
which spoil walls and ceiling too.secretary and chairman are not interested to repair.There is no
dues on me.Can call a meeting for the knowledge of members ? Or what is the processor for the
repair of the same walls.ceiling and terrace leakage ? Hope to receive your quick reply in this
subject and thanking you.
Yours
Sohanlal Jain
Reply
39. Adv Sonam Chandwani says:
August 2, 2014 at 12:41 pm
You can request the society secretary for that.
Regards
Adv Sonam Chandwani
91-9096798916
Reply
40. Arun says:

HI ,
I am located in Indirapuram (U8ar Pradesh) ours is a GDA society .I am a first floor resident.
Ground floor is complaining for seepages from our bathroom. On many occasions earlier we have
repaired the bathroom.this time we asked them to share the expenses on 50%.But they refused
and started threatening us to do a F.I.R against us.Kindly advise can I take a legal action and is
their any law which clearly states what is to be done.Kindly advise.also as per our RWA rule is to
mutually sort the issue.
Thanks
Reply
41. Ajit says:
August 11, 2014 at 8:58 pm
Hello,
We have 8 wings and a single society. We would like to know if a the members can ask for the
separate book of accounts to be maintained for each wing. The records will then be transparent.
Can we demand records of expenses wingwise from the socety.
Regards
Ajit
Reply
42. Vishwas N. says:
August 16, 2014 at 8:54 pm
Dear Sir,
I have water seapage from flat above my flat. I observed that flat owner above my flat is not co-
operating insite of repeated requests. Society is saying they have nothing to with it as it is internal
leakage. I request your guidance as how I can take it forward if other flat owner or society
mangement is not co-operating
Reply
Adarsh says:
Dear Sir,
I have water seapage from flat above my flat. I observed that flat owner above my flat is not
co-operating insite of repeated requests. Society is saying they have nothing to with it as it is
internal leakage. I request your guidance as how I can take it forward if other flat owner or
society mangement is not co-operating
Reply
43. Shridhar Salian says:
August 26, 2014 at 1:47 pm
My society gives quarterly maintenance charge bill (for e.g. Jan to March) and gives time to make
payment within 30 days (as per e.g. before 31st Jan). If we make Payment after 30 days (as per e.g.
1st Feb) society charge interest for full 90 days. Is it legally correct to charge interest for 90 days,
even if the said rule passed in the AGM and also we made payment on 32 days?
Reply
44. agnelo gomes says:
Date: 4th September, 2014

Date: 4th September, 2014

Sir,
Sub: Exorbitant NOC by Managing Commi8e of Coop Hsg Soc Mumbai.
I have recently leased my 1BHK flat in Kurla mumbai ‘L’ ward, on rent for a short term. (From
June 2014). The bill was raised after 3 months in August with Rs 500/- as NOC, for each month.
Regular maintenance bill comprising of Rs 794/- plus NOC of Rs 500/- totalling Rs 1294/-.
Thus, the Managing Commi8ee of the said CHSL has raised the maintenance bill with Non-
Occupancy Charges of Rs 500/- which is more than 10% in the monthly bill. Whereas 10%
calculation would amount to Rs 14/- (excluding municipal tax, BMC charges).
Inspite of submi8ing a le8er to the Chairman requesting to adjust the excess amount paid and
rectify the error as it is illegal and unauthorised, they have continued to send me the bill for
september 2014, with Rs 500/- as NOC, total bill amounting to Rs 1294/- without any reply to my
le8er or reason for charging the amount of Rs 500/ as NOC.
In such a case, if i continue to pay only the normal maintenance bill amount of Rs 794/- can the
managing commi8ee levy interest on the NOC amount which is illegal and unjust. or should i pay
the normal maintenance bill amount of Rs 794/- with 10% added to it amounting to total Rs 808/-
(excluding municipal tax). Please advise the exact amount that i must pay.
(It may be noted that the society is blessed with sufficient annual funds from the Tata Hub that
has been installed on the terrace of the building. But there is no transparency of the inflow of
funds by the managing commi8ee)
The format of the bill is as follows:

(For your Ref and advice only… Our Coop Hsg Soc Monthly Bill is in this format:)
Sr No. Particulars Amount

1. Municipal Taxes 555
2. Maintenance Charges –
3. Sinking Fund 139
4. Parking Charges –
5. Non-Occupancy Charges 500
6. Water Charges 100
7. Any Other (Specify) –
————————-
Total 1294
================
– Kindly advise the format of the complaint content to the Registrar of the society, and the postal
address of ‘L’ ward, mumbai.
– Also the address of the officer of the Consumer court / Forum in mumbai.
– And the format of the complaint to lodge with the local police of the concerned ward.
Finally, how long will the ma8er take to be resolved as i want to know if it is worth doing this
stressful exercise since the secretary is a lawyer and can indulge in crooked ways to harass
innocent and helpless members like us.
Awaiting your reply and free advice.
Thanking you,
Gomes
**
Reply
45. Dominci says:
45. Dominci says:

Hi,
i stay on the top floor i have leakage problem, 3 years back the entire ceiling of my bedroom came
crashing down and crack in the kitchen and hall, the society appointed someone and since the
iron rods were all rusted they put metal rods from one end to the other end so that the ceiling
doesnt fall. Since there are many cracks we face a lot of leakage problem, every year i put a
tarpoline on the terrace (one end to the other end) so that is how the leakage in the rooms have
stopped, however the side walls are all wet and due to heavy rains it seeps in
Just a month back a entire block of plaster fell and children were playing in the room, they were
miraculously saved, else for sure they would have died.
i did the plastering of the room and just finished with the painting, but due to rains the paint has
all come out.
i have sent several reminders to teh society but they are not doing anythng about it.
Though they are in talks for redevelopment, but due to internal managment / members issue, the
redevelopment will take 5-7years.
Please advice, i have incurred a lot of expense, secondly there is risk to life too.
Whom should i approach
My email id: dominic_baptista@rediffmail.com
Reply
46. Brazil says:
harrasment in our society, shows dadagiri and not planning to form society & not given the
society expenditure detail, please tell whom to approach please, its like slow poisioning for us
please give us the soloution .
B . Rodrigues
Reply
yazdi says:
Please approach the Dy. Registrar under whose jurisdiction your Society falls
Reply
47. Purvang Patel. says:
I reside at Joy Homes Co-op Housing society, located at Bhandup West, Behind Dena Bank, L.B.S
Rd, Mumbai 78. My car was been parked in the society premises. Society had carried some
external leakage work. That point of time I was at work. The security approached my mother who
was available at home . So my mother gave them the car keys so that the car can be moved from
that place. However the society manager & the security supervisor were unable to drive & move
the car. This was their problem. However when the work was been carried my car was situated &
parked below the building where the work was carried upon. However when I reached home I
observed that my car was fully damaged.The car paint was fully damaged & the labour doing the
work had srubbed my car paint, leaving scarrs on the etire body of the car. My wind shield glass
has also been cracked & damaged by them. I urgently reported this to my Society Commi8ee
members & the Society Security Supervisor. I have also filed a wri8en application with them.
They asked me to get the quotation of damages being made to the car. I then presented them a bill
of quotation. Now its been almost 2 months .Since then I have received no refund of the damages
caused . They are now telling me to se8le the case with the security guys . It is indeed the mistake
of Society Commi8ee. Whenever there is any work carried on
https://consumerresources.in/2012/09/20/redressal-of-complaints-in-co-operative-housing-society/ & if there is a requirement , the 30/70
of Society Commi8ee. Whenever there is any work carried on & if there is a requirement , the
Society Commi8ee informs all members to move their respective cars . Which was not done by
them . This has caused to damages to my car. I kindly request you to kindly look in the ma8er &
please help me to resolve this as soon as possible.
Yours Faithfully,
Purvang Patel.
Reply
48. Yatin says:
Dear Sir,
Request your advice.
My Question is regarding Society Election for New and Existing Members.
We have a registered Society with 325 Flats
Yesterday the election took place for new commi8ee, there were existing 12 (old commi8ee) and
new 16 individuals who has applied to be a society Member. out of 16 fresh members 2 were
absent for voting. so effective 14 members only.
After the election the results were declared and it was been notice that only 1 member out of the
old commi8ee was been out of the new Society management.
All the old members has voted each other, which results to make there position secured by
obtaining 12 vote which were concrete and well planed and decided.
Question
Is there any provision in the by law that the existing commi8ee member do not vote for each other
and have right to only vote for them-self and fresh individuals who has applied to be a member of
the society if yes than under which section of the by law?
If your answer is yes as per the by law provision than do the fresh applied members who are not
elected can dissolve the commi8ee and how?
Yatin
Reply
49. Abhijit Gaware says:
Dear Sir/Madam,
We are opening an hotel in a commercial premises of the society in Worli, the shop is owned by
us. But due to some society internal disputes we are in problem. Society lacks to pay the water
department payments and everbody suffers.
Now we are willing to take a private water connection for our commercial premises so that we can
run our hotel since it plays a very important part in the operations.
As enquired in BMC we can get a private connection if the society permits by giving a N.O.C, but
now the society members are denying to give the water connections without any reason.
One more thing they are denying is a back door which is necessary for a hotel according to Fire
Licence Department. But the members are also denying for this thing to be done. The door is
away from the pillars and no harm or changes have been made
https://consumerresources.in/2012/09/20/redressal-of-complaints-in-co-operative-housing-society/ to these pillars, they are totally 31/70
away from the pillars and no harm or changes have been made to these pillars, they are totally
untouched. Even then they are denying us to do so.
Please suggest us what steps are to be taken so that we can further put our hotel to work..
– Abhijit
Reply
eleena100 says:
Why don’t you file a complaint in the Consumer Forum
Reply
50. AMG says:
Hi, I want to know if the society can now cancel a share certificate issued by them in 1996. Are
there any provisions under the MCS Act for the same.
Reply
51. Ashish Narvekar says:
sIR,
My Name is Ashish Narvekar , I want to ask if flat on his wife name as per the sale of agreement
can he made Chairman,Secretary or Treassurer of the society or he take any other member inside
commi8e.
Reply
52. Neeraj says:
Sir,
from last 4 months we are requesting the mandatory NOC (Format 4) as applicable for obtaining
the HP Gas Subsidy to society, but board is not giving it.Also board is not
providing any reasons in writing.
The procedure of NoC (format 4 Bond Paper, draft le8er format) is as per government directive
and is same for all the societies. All other society in our area are following
this directive and issuing NOC in format 4.
please suggest.
Reply
53. SANJAY SITARAM NAME says:
Dear Sir,
I am leaving at Vile Parle and my society is registered. But last 3 to 4 years they have not
submi8ed audit report. Where should i make complaint against this. Pls. suggest.
Reply
yazdi says:
Please complain to the Dy. Registrar of your ward.
Reply
eleena100 says:
This is deficiency in service. You can also file a consumer complaint.
54. Hitesh Mulchandani says:
54. Hitesh Mulchandani says:

I am in the process of selling my flat in Kamothe, Navi Mumbai. When I approached the society
for an NOC I was asked to pay 25,600 as NOC Charges. Upon questioning about the huge charges
for an NOC which has to state that there are no dues on my flat towards the society and any other
government or private body, I came to know that they don’t charge the transfer fee to the buyer
and infact charge the above amount to the seller of the flat. Upon further questioning and asking
them the reason and logic behind this, they say that all societies in the area follow this rule and
what if the buyer tomorrow doesn’t pay that amount.
I feel this is incorrect and not legal and before the deal is finalized, all the papers legally signed
the society cannot charge any amount other than a nominal NOC charge. What if the deal gets
canned?
Please let me know if what the society is doing is legal and within the law? If not what action
should I take and what procedure should I follow.
I have asked them with a copy of the bylaws which have been passed, but I have not received a
single reply.
Reply
yazdi says:
Society is bound to give you a copy of the Bye-Laws. You can complain to the Dy. Registrar of
your area, if they don’t.
Also, read this news item at hAps://consumerresources.in/2013/01/30/housing-societys-noc-
not-required-to-sell-buy-flat-lawyers/ which says that you do not require an NOC from the
Society.
Even if you feel you need an NOC, you can approach the Society only after the deal is
finalized. You may negotiate with the Buyer in the price (say 50:50), if you are going to pay the
entire Transfer Fees.
Reply
55. Manish Asarkar says:
Can a member who is real estate agent by profession appointed on the Management Commi8ee of
the Society. I remember read somewhere that Sub- registrar has not allowed this.
Reply
56. ajayso says:
External Repairs
A group of members from the commi8ee decided to carry out external repairs in my building.
They later sent a high bill which I did not agree to pay.
Now they have approached the society. The society has sent me the same amount bill as repair
charges.
What are my rights on this.
Reply
57. Ma- Baker says:
I am a flat owner of one of the societies in Thane, We have been

https://consumerresources.in/2012/09/20/redressal-of-complaints-in-co-operative-housing-society/ noticing a lot of TV/Film shooting
33/70
I am a flat owner of one of the societies in Thane, We have been noticing a lot of TV/Film shooting
in our society premises which surely causes inconvenience & I feel society should not do this
because this is a place to live & not to commercialize. Infact the chairman himself has rent out his
own flat for shooting purpose every 3-4 times a month, Considering I am alone to fight for this
please advice an appropriate step
Reply
Ma- Baker says:
Can someone please relpy on this questions. Thanks
Reply
eleena100 says:
If the shooting caused you inconvenience you, you can definitely file a consumer
complaint.
58. panikar says:

When y father in law was alive y brother in law left the house and stop taking care for y inlaws.
my Inlaws transferred the flat in y wife’s name, and still live there as they do not have any other
house to live. Now property price goes higher and my father in law is not alive.
My brother in law made a good relation again with my mother in law and now both want flat
back as my in laws were paying maintainence till now. It is been 10 yrs. the flat is transffered in
my wife’s name. can u please suggest me some guidence.
Reply
59. bandish Kothari says:
Is there any society rule, in which society cannot issue noc for passport verification of member
relative, If member due is unpaid. and society cannot give noc to member, i dnot know, please
help me, please suggest me some guidance
Reply
Binoy Gupta says:
The Society has no role to play in the entire Passport verification process. You have to submit
only proof or residence and proof of identity. If the Society creates any problems threaten
them that you will file a case against them.
Reply
Ivan says:
January 19, 2015 at 11:58 am
Sorry, it is demand of passport office to provide NOC from the society that you stay in.
Reply
eleena100 says:
January 19, 2015 at 12:20 pm
There is no requirement to submit NOC from Society.
You go to the Passport Sevak Kendra web site and see which documents are
required…..there are options.
60. KAILASH CHAND JAIN says:


Whether the secretary of a hsg.co-op.society deny to accept the le8er of any nature from a
member saying I have other personnel works also.I have no time to accept any le8er.
Reply
yazdi says:
He cannot refuse. If he does, send it to him by registered post and get an acknowledgement
Reply
eleena100 says:
Why do you expect the Secretary to accept le8ers? Send your le8er by Regd. Post with A/D
or by Speed Post.
61. shreyas aher says:

I am having flat in a building having 20 members and till date builder not registered it as CHS for
day to day mtce some 3-4 persons from bldg form a comitee. I have given my flat on rental basis
so they demanding 850 p.m. as mtce charges bt from other owners charging Rs.700/- p.m.. Can
you tell me is it correct and if not to whom i will complaint
Reply
eleena100 says:
Even housing societies charge a li8le more mtce charges on rented flats.
But when did you purchase your flat….why no society has been formed and what about
conveyance?
Reply
62. kiran says:
December 4, 2014 at 11:00 am
I am a tenant and society has issued notice that all tenants have to pay 1000/-0 as mandatory
charges for all tenants for Gym membership. Can this be filed in consumer society
Reply
eleena100 says:
Kiran….is this Rs. 1000 a one time charge or monthly charge ?
If you don’t pay this, and if you have the gym,….the expenses for the gym will be distributed
amongst the members in some other form.
Perhaps you are thinking that only those members who use the gym should pay for it.
Of course, you can approach the Consumer Forum.

But i am not clear on one point….are you the tenant of some member …….in which case only
the member would be able to file the Consumer Complaint.
Reply
63. Lokesh Chaudhari says:
Hello Sir. I am a Dentisit and have my dental clinic in a society and need water for treatment. I
have requested society members and General body to provide me water connection in my clinic,
but they are refusing to give me. And they says that this could incur a commercial charge to all
society members because of giving water connection to clinic.

https://consumerresources.in/2012/09/20/redressal-of-complaints-in-co-operative-housing-society/ For a dentist, we dont require that35/70
society members because of giving water connection to clinic. For a dentist, we dont require that
much of water for treatment. I can say 100 Litres in a week. Could you please let me know
whether a clinic in a society should get water coonection or not. As in the society there are only 2
shops.
Reply
eleena100 says:
December 6, 2014 at 6:52 am
Doctors clinic is allowed in residential premises.It will not be treated as commercial use.
Try to convince your Society people.. Otherwise go to Consumer Forum.
Reply
Lokesh Chaudhari says:
Dear Sir, Can you please provide me any wri8en government documents which i can share
with the society members.
Regards,
Lokesh
eleena100 says:
What is the area of the clinic ….on which floor is it located…and have you take wnat is
loosely termed Gumasta license.?
If I remember correctly, these rules are in the DC Rules…..under activities permi8ed in
residential buildings.
I will search it out and email to you tomorrow….
Lokesh Chaudhari says:

Thank you for your prompt response sir. I really appreciate. My Clinic is in Ambernath.
Clinic has 170 sq.ft carpet area. Clinic is located in the ground floor. Entrance to the society
is from back and my clinic is in front. I have requested them to provide water connection in
my clinic.
eleena100 says:
The position is very clear.
Rule 51(iv) of the D.C. Regulations reads thus:

51. Purely Residential Zone (R1
Zone) – Ancillary uses
permi8ed :Apart
from residential use, the following uses and
specified ancillary uses to the extent of 50 per cent of the floor
space of the principal use shall be permi8ed in buildings,
premises or plots in the purely residential zone:
(i) ………………….
(ii) ………………….
(iii) ………………….
(iv) “Professional Offices and studies of a resident of the
premises and incidental to such residential use, or medical and
dental practitioners dispensaries or clinics of a resident

https://consumerresources.in/2012/09/20/redressal-of-complaints-in-co-operative-housing-society/ of the 36/70
dental practitioners dispensaries or clinics of a resident of the

building with only out patient treatment facilities without any
indoor work, each not occupying a floor area exceeding 30 sq.m.”
64. Gregory says:

Sir,
Im having a shop in Mahavir villa cooperative society.palghar.The society has not provided any
basic facility like toilets , water supply lights etc and want maintenance.
Also now they have started to build a wall in front of the shops to block our customers saying for
security reason.
Kindly suggest me the correct way to deal with the issue.
Thanking you
Gregory Dcosta
Reply
eleena100 says:
Can you specify the nature of the shop……..if its commercial, you will not be able to
approacch the consumer forum.
You can approach the local court and get a stay against building of the wall.
Reply
65. Gregory says:
Dear Sir/Madam
Im having a gift shop and the cooperative society has not provided us with basic facility like
toilets lights and other amenities.
Also they are building a wall in front of the shop saying for security reason.
Kindly suggest me the proper way to deal with the problem
Waiting for ur anticipation
Thanking you
Gregory S dcosta
Reply
66. sivan nair says:
,
Sir,
I own a flat in Dombivili East and have been residing there for the last 9 years. Two commi8ee
members were jointly plo8ed an idea of changing terrace water pipe lines suiting to their benefits.
They have taken signatures of few members and changed the terrace water tank pipe line due to
which unequal water supply is the current scenario. The paper in which they have obtained
signatures of members does contain my signature also. Infact I do not understand Marathi
Language either to read or write which they took benefit out of ignorance. By providing false
information they have taken my signature which is considered to be my consent to do so. This is
clear case of breach of trust and cheats which I informed them later.
When I complained to the Chairman (he is a policeman) and Secretary they refused to entertain
my complaint. In return what he had asked me is you are ge8ing water in your flat then why do
you want to make an issue? I replied to him that it is a ma8er

https://consumerresources.in/2012/09/20/redressal-of-complaints-in-co-operative-housing-society/ of pipeline installation and not the37/70
you want to make an issue? I replied to him that it is a ma8er of pipeline installation and not the
water. By changing the pipe lines you have twisted the pressure to other side benefi8ing to your
commi8ee members. As long as the commi8ee is releasing more water there is no issue but when
there will be less water from MIDC you will be pumped less water into the tank and that time the
pressure will draw more water on other side of the pipe. This side will get less water, in such way
the pipe line arrangement has been arranged made by you.
The Managing Commi8ee did not try to understand the technicalities. I took the help of a lawyer
and sent them a notice in which the lawyer wri8en that notice money of Rs.5000/- will be levied
from the Society. In the AGM they were made an agenda and had fined me this amount. After a
month another notice was issued to me saying that 21% interest will be levied if the fine amount is
not remi8ed.
When I complained to Registrar, the society had filed false remarks against me and finally the
registrar had told me to approach court for pipe line change.
Can I file a suit in the court?
Is not ill-legal extortion? Which bye-law supports this fine?
Before changing the pipe line it is the moral duty of the Managing Commi8ee to discuss this
ma8er before the flat owners by calling a wing meeting and finally get sanction in the AGM?
Because the society is running with the maintenance contribution of 11 wings due to which it is
mandatory to place the subject before AGM for approval and that is the safer side of the
commi8ee.
Managing Commi8ee is not providing me NOC for passport renewal & papers for police
verification process for Govt, purposes
Due to this problem I lost my business, which I can prove in the court of law
No business and how can I pay income tax and sales tax.
Can I claim compensation from this Chairman & secretary?
Sir, your valued advices help me a lot.
Rgds
SIVAN NAIR
Reply
yazdi says:
Take proper legal advice and go to Court. However, your not knowing Marathi may not be an
excuse. Please do not sign anything which you don’t understand.
Reply
eleena100 says:
Imposition of fine and interest on that is definitely illegal.
Not giving papers etc. amounts to deficiency in services.
So far I know no documents are needed for issue of passport ……
You can file a complaint in the Consumer Forum….for all these.
Reply
67. Nitin says:
In our society some dispute have arised between building and row houses related to maintenance
charges.
There are 80 flats in 8 buildings and 14 and 15 row houses in each lane.
The dispute arised because the layout of society is divided by

https://consumerresources.in/2012/09/20/redressal-of-complaints-in-co-operative-housing-society/ a government road in between. 38/70
The dispute arised because the layout of society is divided by a government road in between.
The amenities like club house, swimming pool and garden is in the building premise.
The 2 lanes of row houses are having there own premise without any amenities but 2 security
guards.
In last AGM, the 2 row houses were levied with charges of their own security guards along with
increase in charges for be8er facilities. The row houses people objected in the AGM itself but still
voting was carried out and charges are applied. The voting won by majority as there are more
people in buildings i.e. 80 vs 29.
The old commi8ee has resigned and asked the new commi8ee to resolve the dispute. Even after 4
months no solution has arrived and the differences between row houses and buildings have
increased. Building people are not accepting the maintenance division by bye-laws which says
security (watchmen) should be shared equally.
Row house people are protesting by not paying the new charges. Building people are paying with
new charges which have now increased. Hence the differences are growing.
Please suggest what should be done in such case.
Regards,
Nitin
Reply
68. Lucy says:
I stay in Nallasopara (E) with my parents, Starting this December 2014 there has been fan noise
emiting from my ground floor neighbours. My mother had requested them 3 times, but to no vail
they are not listening and are adamant not to repair the fans.
I had submi8ed a complaint le8er on 15th Dec 2014 to the Society Secretary,but so far she has not
done anything. She also had come to inspect in our house , and has heard the noise.
It is a nuisance ,as the noise is very loud in the nights like a motor running. we have also asked
the opinions of 2 electricians ,they too say it is their fan’s noise.
Due to this we are disturbed and have sleepless nights.
Please do advice as to what i should do now.
Thanks
Reply
69. vivek says:
Whether Rules for commi8ee of SRA co op housing societies and rules for other co op housing
societies are different?
Reply
70. Lucy Fernandes says:
Should I submit one more le8er to the Secretary ?
Reply
Binoy Gupta says:

Lucy….please take a practical approach.
Go up. Explain your problems. And offer to change the fan with a brand new one at your cost.
It’s hardly the cost we spend on a movie.
This I’ll give you peace of mind……
Reply
Thank you, shall try this
Reply
Lucy Fernandes says:
My problem has been solved, ( fan noise from the neighbour’s house), The Secretary was very
adamant not to support me , thanks to the other Society members it has been solved.
Both the fans were damaged, as per the electrician, one of the fan would have fallen down
after few days.
Now we sleep peacefully in the night.

Lucy
Reply
We did not offer them any new fans, as instructed by Society members.
72. Gaurav Singhal says:

I own a flat in Pune which I have rented out. Recently builder handed over it to society and a co-
operative society is now formed. New society members have now passed some new rules/policies
such as:
1) 25% extra maintenance charges by flat owners who have rented out their flats.
2) If a flat owner needs to rent out his flat, he needs to obtain NOC from society. For issuing NOC,
society is asking for Rs. 11000/- as deposit along with many other documents.
While I am ok to support any documentation requirements, is charging higher maintenance and

NOC charges for renting flat is legal? Can this be challenged?
Reply
73. vijay doke says:
Dear All,
Am Vijay Doke, stays at Kalyan, my complex consists of 4 separate buildings with 30 flats each
having single registration.
Of late flat owners of 3 buildings are facing severe problems from 1 people in standalone building
like parking issues, non payment of maintenance etc.
Is there any way out if 1 building can register themselves separately and what will be the cost?
FYR, 4 buildings are in single premises with 2 gates.
We have made several complaints to Depty Secy of HSG Reg and local police station but to no
avail.
Your help is much appreciated.
Your help is much appreciated.
Regards
Vijay Doke
Reply
74. Mahendra Mange says:
January 18, 2015 at 10:43 pm
Dear Sir,
We had a query regarding an ongoing reaudit which is currently on for the duration 2007-08 to
2011-12.
Our society in ghatkopar-w, was formed almost 50 years ago by around 230 members or
thereabout.
Subsequently, only 7 buildings were built housing only 180 flats, with 5 buildings build around
1970 and the remaining 2 building completed around 1984 and 1995 or there about.
The present MC, run by the current Secretary has been in charge of the affairs of the society for
more than 25 years now.
We had obtained DDR permission to get the society re-audit done in May 2013 and accordingly
based on the initial estimate of 180 flats, we paid the required fees @ Rs 36 per year X 5 years X 180
flats in Sep and the re-audit commenced in Nov 2013.
We have now received a le8er from the re-auditor to pay a difference of fees as the current
members of the society stands at 232 despite the no. of flats still remains 180. Also, the regular
monthly financial contributions to the society is only borne by 180 member.
It appears, that the society had some plots which are now illegally occupied and only the title of
the plot remains in the name of the society since 1970.
Will need to know if the re-auditor is right in demanding additional re-audit fees for additional 52
members, when the society only has 180 flats with monthly contributions from 180 members only.
Will Registrar has power to cancel the 52 additional Member ?
Thanks in advance for your time.
Reply
Hello Sir,
Would like to know if my father is not able to a8end the Society meeting, can my mother a8end
the same/
Is there a procedure for her, has she to sign an associate le8er in order to a8end the meetings.
Lucy
Reply
eleena100 says:
January 28, 2015 at 12:52 am

January 28, 2015 at 12:52 am

Your mother can a8end the meetings only if she is an Associate Member.
And she can not be an Associate Member unless her name figures in the purchase agreement.
Reply
Thanks, that means I need to make a new agreement copy.
eleena100 says:
New agreement may involve payment of stamp duty. Take legal advice.

January 29, 2015 at 11:33 am
Ok, Thanks.
Reply
77. Danny says:
Hello I want to make a complaint regarding illegal election process adopted by the Managing
commi8ee and even MHADA officers (Bandra). As per the bye laws, there was no 60 days
provisional list, just within 10 days a notice was issued and few members joined the meeting
conducted by Election officer, who did not even check the eligibility of voters and nominated
candidates and to my surprise investors who were seen for the first time in the society and whose
house is on rent has been elected as one of the managing commi8ee. Out of 11 posts there are only
6 members residing in the society and rest 25 members have given houses on rent.
I raised a complaint to Dy. Registrar 5 days before to stop this illegitimate process and to adopt a
legitimate process, but nothing happened. Election was held today and I could not do a thing.
I am going to complain against the election officer and members who have carried out this
election process. But my dilemma is should I go to Dy. Registrar or do we have any other offices
like MHADA CEO, CVO, Registrar, Election Office, etc…
My society is in MHADA Andheri , KW ward and falls under Bandra East MHADA
jurisdiction.
Anyone out there please help or call me on 7506357578 askreloaded@gmail.com

Danny
Reply
78. SURESHCHANDRA PATEL says:
I need help t transfer a comnon plot on society name . Tha buler has sell and build a tenametnson
a land . The plan was approved by the authority with common plot in t. NOW THE LAND
OWNER DENIED TO TRANS FER THE comnon PLOT ON OUR REGISTERS SOCIETY NAME.
Reply
Binoy Gupta says:
You should file a complaint in the Consumer Forum.
Reply
79. Lanet Gonsalves says:
Being harrased by our Society Chairman and Secretary by being

https://consumerresources.in/2012/09/20/redressal-of-complaints-in-co-operative-housing-society/ levied arbitrary charges in 42/70
Being harrased by our Society Chairman and Secretary by being levied arbitrary charges in
maintenance bills and on refusal to ;pay I am being charged penalty and interest thus inflating my
bills …Inspite of talking to Manager and giving wri8en applications I am left without any
respite…It is very unfortunate that autocratic behaviour is being meted out…
Kindly let me know how I can get help in this regard for a detailed discourse…Kindly contact me
at the earliest
Reply
80. Ajay S says:
Dear Sir,
I live in Pune in a housing society and would like to understand the following:-
Can a society stop a common facility of a society member like garbage collection, water supply etc
if the member is causing menace or let’s say he/she is pu8ing flower part in external part if the
balcony causing inconvenience to other members. To put it simply, can society stop the services
for which the member had already paid considering it as penalty?
Reply
yazdi says:
Water supply and power cannot be stopped, whatever the provocation.
Reply
81. Yogesh Patil says:
Dear Sir, Please advice – I am about to purchase a resale flat in pimpri chinchwad municipal
corporation area. He is the first owner and he got the possession le8er from the builder in August
2013 and he is staying there since then. The building completion certificate was received in April
2014. The housing society is formed just 3 months back i.e. November 2014 and the share
certificates have come just this week and yet to be distributed to the members. The society is ready
to give NOC for this resale by accepting some amount. But I read somewhere that as per
Maharashtra housing society act 29(2)(a), the owner cannot sell his share/interest in the property
before one year. So will this resale transaction be legally valid if society provides NOC? How is
this one year period calculated, from the possession date or completion certificate or society
formation or share allotment?
Reply
82. Parita says:
Dear Sir,
Please advice- I lives in Co-op hos. Soc. We have main water pipe also have sub water pipe, which
provides water in my flat, so in last week it had got damage because of rust, I have repaired that
pipe on my expences. I want to know that who will be responsible for payment for this loss of
water pipe in society. Should I am applicable to reimbursement from society.
If there any applicable Act(rules) for co-op.hos.soc , so kindly show the way forward.
Regards
Parita
Reply
83. Amit Narain says:
83. Amit Narain says:

March 2, 2015 at 7:17 pm
Dear Sir
I am leaving in my brother’s flat of a Co-op society since Nov’14 before me one tenant was there,
Society is charging Non Occupancy Charges in society bill.I am giving the le8er to society
regularly but they have Issued the le8er to me.
Where they have mentioned in le8er that ,this kind of practice will be continue till coming AGM
and we will decide in AGM that will be chargeable or not.
What should we do the further Kindly suggest me.
Reply
84. Dhananjay singla says:
March 5, 2015 at 2:24 am
Respected sir
we are living in House No 190/2 Kayasthan street Panipat , some people opened some shops near
our Residence in residential area commercial shops , which creates so many problems like wise air
polution , noise polution . we are very much disturbed about this all happening in our street .
workers keep on working late night with their machines , so much loud voices comes . they burnt
some of their material even we cant breath properly . sir please guied me for a legal action or
please help us and take out us from this situation .
we are very much thankful to you .
Dhananjay Singla
Panipat
PH. 09050708071
Reply
85. Rajesh says:
March 9, 2015 at 3:36 pm
MY Gandfather had brought a resale flat in the name of his spouse (housewife) he has 2 sons and
2 daughter one son by way of sale deed paid stamp duty and registeration charges transferred the
said flat to his name with out the consent of the other family members……… is this the right way
can the other family members fight for their share and get justice please help.
Reply
86. Rajesh says:
March 9, 2015 at 3:48 pm
Can we as an individual ask the society under RTI to give us the copy of all the documents /
records that are in there in their file related my Grandmother flat.
Reply
87. Pawan Parekh says:
March 10, 2015 at 7:43 am
Dear sir,
We are residents of Om Vasundara chs , near vijay park mira road east. Thane.
On 4 jan.15 a election was held in front of 2 register officer of thane. Most of the members of
society whom the society people don’t like them, and they choose as commi8ee members. Now
this process requires 15th days to complete or else it get dissolve. But this happens after 30 days in
feb.15 with the help of 2 register officer, For which 2 lavish

https://consumerresources.in/2012/09/20/redressal-of-complaints-in-co-operative-housing-society/ party was organised by the selected 44/70
feb.15 with the help of 2 register officer, For which 2 lavish party was organised by the selected
members in Beer Bar.
Now we request to dissolve the commi8ee as it is illegal.
Reply
Pawan Parekh says:
March 10, 2015 at 7:50 am
Dear sir,
prior to my earlier comments I would also like to inform to take a action against the registrar
officer where they are supposed to support the people but when themselves do the illegal
things then where the people will seek for help.
Regards,
Pawan Parekh
Reply
88. Pawan Parekh says:
March 11, 2015 at 1:55 pm
As per email on 9th msr.15 , I didn’t get any information from the Registrar officer. Thane
This is of Om Vasundara chs ltd, mira road east Thane district. Problems.
Till when should I wait for the reply.
Regards,
Pawan Parekh
Reply
89. subodh p malgaonkar says:
March 21, 2015 at 5:10 pm
What is the website of the registrar of the co-op soc of the dombivali for my complaint against co-
op soc.
Reply
90. Harshil says:
March 26, 2015 at 10:16 pm
I have rented my flat to a group of gals. I have done police verification and an agreement of two
years. While making this agreement there was no society in my building so I was unable to get a
noc from society .but now they are objecting and telling me to vacant the flat and also they are
saying that the society is there since 2011 so what should I do now please help me as they are not
giving me a noc also
Reply
91. Hiten Kothari says:
April 3, 2015 at 8:56 pm
I am an owner of the Flat in my Hsg Society, I have always paid all my dues to the society on time
and as on date there are no outstanding payable to society, then also the secretary of the society is
not issuing the NOC for sale of my flat and infact he is misguiding the buyer that he will not issue
the NOC and will not transfer the flat in the Buyers name if he purchases the flat. I Know that for
selling the flat I do not require any kind of NOC from Society, But the Buyer is having concerns
and in a way they are hesitating from buying my flat. In such case What Legal action should be
taken against the secretary and the managing commi8e, Can I file a case against the society for the
financial loss i am facing as i am not able to sale my flat and can i claim for compensation from the
secretary
Reply
Reply
Binoy Gupta says:
April 4, 2015 at 6:11 am
Hiten….File a complaint in the Consumer Forum…..
Reply
92. Amrapali Majety says:
April 4, 2015 at 5:17 pm
I am a resident of a HSG in Miraroad. We reside in a 7th Floor flat (of total 8 floors) which we
purchased in the year 2007 from the builder.
Since then we have been grappling with scarcity of water every now and then. We however could
not complain as the society was yet to be formed and we were re-locating to a different city
Upon our return in 2013, the current Managing commi8ee was in place. The water problem
however was still prevalent , with commi8ee managing to maintain the deficit of BMC water with
that of Tanker water. Where tanker water should be strictly used for the Toilets and BMC for
washing , bathing and cooking.
The underlying problem of unequal water distribution however has still not been addressed.
When the BMC water is supplied, the MC argues that none of the 7th and 8th floors may not get
as much as the ones below because the water pressure at these floors is not sustainable.
Many lower floor residents however use only BMC water and do not store tanker water at all ,
leading to a short supply of water to the floors 7th and 8th.
Therefore the residents of 7th and 8th floors usually depend on the dirty Tanker water for
majority of their necessities, as the BMC water is no more than a few 100 litres. where as all the
floors below have excess BMC water which are even used for toilets. This defies the logic that
Tanker water should be used for toilets and BMC for all the other household requirements
This summer the problem has been threefold what with all the BMC line leakages and pipe bursts
everywhere in the city , the total supply to the society has been reduced by more than 30% and
supplied only once every 36 hours. This means we get water effectively alternative days.
With this shortage, the amount of water we receive is even less and restricted to no more than 50
litres which literally is not sufficient for the survival.
The maintenance charges however are on par with that of the other floors , and the water charges
make up 30% of the bill. We have been tendering maintenance charges timely and have no dues.
We have complained several times to the commi8ee and have also issued a wri8en grievance.
There has been however no improvement in the situation as the commi8ee firmly believes the
higher floors may not get sufficient water and have to live with that.
Could you kindly assist me in understanding, if water supply a sole discretion of the managing
commi8ee and do the by-laws state that higher floors may be affected and is acceptable ?
Also how can I approach the Co-operative court as suggested in your blog. Could you kindly let
me know the procedure and also if I have a case in this regards.
Reply
93. Swadesc says:
April 5, 2015 at 12:07 pm
The MC in my society regularly makes cash payment (in excess

https://consumerresources.in/2012/09/20/redressal-of-complaints-in-co-operative-housing-society/ of Rs. 5000) to vendors. My 46/70
The MC in my society regularly makes cash payment (in excess of Rs. 5000) to vendors. My
understanding is that as per cooperative society bye laws all payments in the excess of Rs. 1500
shall be made by means of crossed A/C payee’s check. What action can we take against the
Managing Commi8ee? Also the MC meetings on crucial ma8ers are without the required quorum
(for a society between 100-200 members the MC quorum as per bye-laws has to be 7). How can
this be stopped, since we find that MC decisions are being regularly taken by only 2-3 commi8ee
members, while the rest are not present or consulted in a meeting. Pls advice.
Reply
eleena100 says:
April 6, 2015 at 10:06 pm
Why do you want to pick up a fight?
There are many instances, where the seller will not accept a/c payee cheques.
If the requisite number of MC members do not a8end the meetings, and satisfy the minimum
quorum requirement, the remaining members have to take decisions.
After all the Society’s business can not wait for the sweet will of the absentees.
Reply
Swadesc says:
April 6, 2015 at 10:37 pm
Overlooking such behavior sets a precedent for future actions. Isn’t it the duty of MC to
inform members about such exceptions e.g. like making big cash payments. If this is
allowed you may never be able to trace the money trail and it will open gates to unchecked
corruption. To give you an instance during the festivals last year the MC procured
decorations and light worth Rs.30000. This was a cash purchase!!! So where do you put a
stop to this? I don’t want my hard earned money that i pay as maintenance to be
squandered. Its not about picking a fight, its about nipping such behaviour in the bud.
eleena100 says:
April 6, 2015 at 10:45 pm
You can file a complaint with the Asst. Registrar of Co op. Societies or with the Consumer
Forum.
94. Abhishek Sen says:

April 6, 2015 at 7:13 pm
Dear Sir,
I live in CHS in Thane. Recently I have installed a split AC iny flat for which I had to perforate the
wall to make a hole for the water pipe to come outside. This perforation and the pipe can be seen
from outside the building. Our building already has 2/3 such instances. But immediately after my
installation, my society president called me to inform me that perforating the wall has an illegal
act on my part. Wanted to k ow is there any such law that prohibits me to perforate a hole, just for
le8ing out a water pipe for a split AC. Will be highly obliged if you can kindly share some light.
Thanks!
Reply
eleena100 says:
April 6, 2015 at 10:01 pm
Technically, the President is right.
But act wisely, explain to him that you did not know the legal provisions, that others have also
done the same thing, and request him to give you ex post facto permission.
That should resolve the problem.
That should resolve the problem.
Reply
95. Pratik says:
April 13, 2015 at 6:56 pm
Hello,
I am residing in Pune. I have purchased a new flat 2 years back from Builder. I have taken the
possession of the flat. But since last two years, they have not installed the MSEB meter to the
concern flat. I have been taking a regular follow up but they been saying that it will be installed in
a month or two.
The building was constructed in a joint venture. But due to some disputes in both of them, they
have gone in court ma8er.
Pl. suggest me what should i do ?
Reply
eleena100 says:
April 13, 2015 at 9:46 pm
Why don’t you apply for a connection direct to MSEB. They are bound to supply electric
connection within a month.
Reply
Pratik says:
April 14, 2015 at 7:09 pm
Thanks for ur kind reply. But i have already paid Rs. 75000/- (Seventy Five Thousand only)
for the new MSEB Connection in my agreement. Pl. reply.
eleena100 says:
April 14, 2015 at 7:50 pm
Please give more details……
Binoy Gupta
96. VINAY SHARMA says:

April 17, 2015 at 10:53 pm
What are the powers of society to stop a member to renovation and structural changes even
though no beams and columns and building structure is altered what is the option to member to
appeal against the order of society restoring such renovation work
Reply
97. Sudip Maity says:
April 26, 2015 at 12:12 pm
Hello,
I am residing in Thane,Maharashtra. Our Co-operative society was going on, and it take time as
Auditor says..
Member of the society want to install CCTV Security System,
It is allowed to do such Expenses during Audit is going on?
Pl. suggest me what should i do ?
Thankyou.
Reply
eleena100 says:
April 29, 2015 at 11:43 am
The Audit is for the period which is already over.
The Audit is for the period which is already over.

It has no relationship with the CCTV Security System.
Under the present state of affairs, the CCTV Security System has almost become a necessity.
Reply
98. sandyugly says:
April 26, 2015 at 12:50 pm
Sir, I purchased an underconstruction flat in Dec 2013 and now in April 2015 we are ge8ing
possession before possession the builder told me verbally that I have to pay 85000 rupees as
society charges and 27300 rupees for advance maintainence charges for a year till d society I
formed. And I will be ge8ing only maintainence charges receipt. In vasai east builders generally
do not give society receipt. I was also told that payment should be made in cash and society
receipt will not be given. Now when I reached builders office to pay society and maintainence
charges so that I take the possession le8er. I was shocked to hear from.The builder that society
charges have gone up and I have to pay 125000 rupees instead of earlier 85000 rupees for society
charges. Means 40000 rupees extra. Without any prior intimation or anuthing they had increased
the society charges wen it was time to get possession. I was shocked and was told that we are
cooperating with you and will give u possession keys and posession right now and will give you
maintainence and possession receipt when I pay extra 40000 rupees. This is totally unethical.
Before possession we received a le8er from.buolfer stating we are happy to give possession please
pay remaining dues by April. There was no.mention of society or maintaince charges in wroting.
They acted so smart that they never wrote society charhes in any of their wri8en communication
and thatsy today they have increased the society charges on top of it we hav to pay by cash and
we cannot get receipt for that. Once I pay all d amount only then i will get possession le8er. The
builder told me that I am.over reacting. They are giving me keys amd giving possession to.me and
giving time to arrange remaining 40 k. This is what he is saying. Builders have good touch at
municipal corporation. I feel this is unethical. I want to pay but now I want to pay by cheque and I
wany a receipt for the society charges. Please sir help me pls. If there is anything that u did
not.understand pls ask
Reply
99. Ranjit Mohanty says:
May 2, 2015 at 12:58 pm
Dear Sir
I have a flat in one of the housing society in Ahmedabad, Gujarat. the society has decided to
collect the maintenance charges for 6 months of 12 12 months. However due to my current
financial situation, I requested them to allow me to pay the charges every month. I requested
them through mail.
While requesting them I agreed to following options
1. I will pay 12 post dated cheques so that they can encash it every month.
2. To avoid additional cost of depositing the cheque, I also agreed to pay the cost every month
through bank transfer on the designated date as decided by the society.
3. I also agreed to pay any additional charges as decided by the society in case I could not pay the
money on time as decided.
4. I also agreed to pay the charges for 6 months in case my financial situation improves in future.
However the society is not accepting my request and insisting me on paying the charges for 6 or
12 months.
Can you suggests if I can be forced by the society for the same.
https://consumerresources.in/2012/09/20/redressal-of-complaints-in-co-operative-housing-society/ Is paying every month is illegal 49/70
Can you suggests if I can be forced by the society for the same. Is paying every month is illegal
and if I have any legal protection for the same?
Reply
100. Pratyay (@pchaphek) says:
May 18, 2015 at 3:23 am
Hi Sir,
Our Society is charging nominal fees from members for using society’s vacant office. At the same
time our society is giving it free of cast for use to one Senior citizens forum whose founder is our
chairman without passing any resolution in GB or without consent of all member’s of our society.
1. Could you please update, is chairman allow to give it free of cost to any outsider, while
members are paying money, if they want to use it ?
Is society need to take consent of all member’s to give it to outsiders?
Also isn’t it a conflict of intrest, as few other members are bearer of senior citizen forum.
2. Our society is charging 3 month’s advance maintenance, isn’t it a violation of law?
I live in Kothrud, Pune.
Thanks in advance..
Reply
yazdi says:
May 18, 2015 at 8:05 am
In both the cases, if General Body has allowed, there is no issue. if not, you may take it up in
the next General Body Meeting
Reply
101. Jayant Halbe says:
May 18, 2015 at 2:54 pm
I am resident of Pune,living in a Apartment,located in Narayan Peth,Pune.I would like to know,if
chairman & secretary after repeated reminders,avoiding to do their duties,what law says in this
regard?If I want to lodge a complaint againest working procedure or avoiding to do their duty as
a chairman & secretary of my residetial apartment,to whom I should inform my complaints?pls
advice
With regards
Jayant Halbe
Pls forward your reply to my e mail id mentioned above
Reply
102. Sachin Haldankar says:
May 23, 2015 at 5:52 pm
I have one flat in nallasopara west. My society secretary & some other people of society forced me
to sale my only Maharastrian client. Secretary do not like other caste people. He worned me that if
I sale flat to other than maharastrian client so they will create some problem. In this society have
two U.P. family & one Gujurati family.
Please give me some advice. can registrar of society take action on it quickly? or I approach
police?
Please forward your reply to my e mail id mentioned above.

Please forward your reply to my e mail id mentioned above.
Reply
yazdi says:
May 23, 2015 at 6:24 pm
What they are trying to do is illegal. Ask them to put it in writing before you take action, else
how are you going to prove it ?
Reply
Sachin Haldankar says:
May 23, 2015 at 6:37 pm
They are not ready to give in writing. But I have some voice recording in that they clearly
communicate about caste discrimination. They said against UP & other caste people.
eleena100 says:
May 24, 2015 at 9:51 pm
Find a willing purchaser and sell your flat to him…..the MC can not do any thing.
Reply
103. Gaur Satyanarayan says:
May 24, 2015 at 7:20 pm
Sir,
Please guide me on Redevelopment Guidelines of 3rd January 2009 ( 79- A)
If any commi8ee is not properly following procedures of abovesaid guidelines in it’s first stage
itself i.e. about majority required of 75 %….& proceed further.Say they proved it by making
Associate Members in unlawful manner.(CHS has accepted New Bye laws of amendment -97
also)
Further they have appointed PMC also in its first meeting….. accepted feseability report on the
basis of old DP Plan & now planning to invite tender when DP Plan is yet to be come.My question
is
1 ) On the strength of unlawfully sanctioned resolution if commi8ee proceeds in such galloping

speed…can we term it as unlawful conspiracy of commi8ee leading towards financial gain.
2 ) Believing the truth that Jt.Registrar will take its own time can i apply to police suspecting the
conspiracy.
3 ) What more options do we have other than Jt.Registrar ?
Reply
eleena100 says:
May 24, 2015 at 9:50 pm
You can approach the Consumer Forum
Reply
May 26, 2015 at 2:21 pm
Sir,
In two different ways different Bye laws published by 2 association has narrated in sr. No.43
pertaining to Leave License .
1 ) Do we need to merely intimate the Commi8ee of giving our flat on rent .
2 ) Should we seek NOC of the society & after obtaining the NOC …proceed with the agreement
part & intimate the police .
3 ) Can Commi8ee deny the NOC on the ground of default
https://consumerresources.in/2012/09/20/redressal-of-complaints-in-co-operative-housing-society/ of payment . 51/70
3 ) Can Commi8ee deny the NOC on the ground of default of payment .

4 ) My society is regd.6 months back only but till date he has not demanded maintenance bill in
legal manner.They have been collecting amt.in exorbitant manner & spent on maintenance though
the bldg. was in Mhada’s undertaking & allo8ee’s are required to pay 30000/- per year as
maintenance charges to MHADA.
Please advice considering it as Promoter’s society before registration.
Gaur
9969446500 Sir,
Gaur
9969446500 Sir,
Gaur
9969446500
Reply
105. Dinakar A says:
June 8, 2015 at 2:57 pm
Complaint against secretary and Prasad Gawade of Baliramgauri CHS for misuse of powers, shop
owner Mr. Shelkar and Rajmata Wadapav.
Hello,
I am Dinkar Auti resident of Baliramgauri CHS, Kalwa(W), Thane. Since last 3-4 months we are
facing water problem and air pollution due to Rajamata Wadapav. Rajmata wadpav rented shop
from shop owner Mr. Shelkar and without any prior intimation and meeting and idolizing they
directly started Wadapav shop and due to that we are facing major issues in terms of water
supply and health related because of polluted air by fried oil. It’s giving my family stress and my
7 month old daughter.
We did complain against him to society secretary but he didn’t act on it and neither he is ready to
acknowledge the application. Instead they are supporting all illegal activities done by Rajmata
Wadapav.
Kindly help where we should go and what we should do against these corrupt secretary and 52/70
https://consumerresources.in/2012/09/20/redressal-of-complaints-in-co-operative-housing-society/
Kindly help where we should go and what we should do against these corrupt secretary and
other members Prasad and Shelkar.
Your guidance and action would be highly appreciated.
Best,
Dinkar A
+91-9167747649
Reply
106. sujit says:
June 9, 2015 at 11:18 am
Respected Sir / Maam ,
My father has been a member of the society since 1974 and has recently undergone a paralytic
stroke . Due to the same he is unable to revert to society le8ers or sign cheques etc .Taking
advantage of the same the secretary of the society has been doing unjust things by blocking the
entrance of the car garage with debris and causing other nuisance to harass him . When i as son
reverted back ,he stated that by society bye laws you do not have any right to write le8ers even
though delegated by the member my father unless flat is in joint name .
Kindly assist .
Thanking You ,
Sujit She8y
Reply
eleena100 says:
June 10, 2015 at 6:00 am
The simplest solution is to write through a lawyer.
Reply
107. rakesh ranka says:
June 19, 2015 at 1:32 am
sir, last year I bought a top floor flat in a co-op. scty in vile parle in my wife’s name with the stilt
parking in resale, when we shifted I noticed there i flower bed in front of my car parking & on
turn to enter to my parking they allo8ed two car parking on top of water tank illegally to other
members (one is allo8ed to the treasurer of the scty) by taking handsome amount, because of
these parking i am facing very much difficulties & cannot take my car from there & it will take me
for almost 5-10 minute daily to pass through. when I raise my objection that I am facing problem
on turning & as well to take out my car from my parking. but they became deaf & never reply. My
repeated a8empt to contact them or talk to them could not succeed. they are saying you take prior
appointment but before come to the MC but they are not facing us also nowhere wri8en in society
for office timing. instead of solving this issue they started to harass us. they put lot of hindrance in
front of my car & when I remove them then they falsely alleged me for damage the society
property & impose a fine of Rs.5000/- on me. when I strongly object for this & ask them for how
can u impose this kind of fine but they are adamant. when i ask them all the details of the
property but they ignored & said it is unanimously decision taken by the MC. Now another issue
for permission given by the society for split units installed above our bathroom duct by the co
members, due to this we are having problem, we are facing scorching heat & as well we live in
fear as it is a vulnerable issue recently in mumbai lot of fire take place due to short circuit in the
split units, they are playing with the safety of our life, we are in very much stress due to this,
when we ask them to remove or divert the same but they ignored. I don’t know what to do ?
should I file criminal complaint against them for this ? MC members are very arrogant not
listening & do the things at their own. we are also facing serious problem for cleanliness as our
premises is very dirty, the gu8ers are over flown all the time
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premises is very dirty, the gu8ers are over flown all the time but they kept mum on all this issue. I
wanted to know is this permissible in law to park the cars on top of water tanks ? water tank on
ground level & all the rainy water is mix with that.it is allowed to keep water tank on ground
level ? pls suggest what I do ? we are new in this scty & we don’t have much communication to
other members.
Reply
Binoy Gupta says:
June 19, 2015 at 1:09 pm
Where is your flat located?
Stilt car parking spaces can not be sold or transferred, even if this is mentioned in the Sale
Deed.
They belong to the Society and have to be allo8ed as per the Bye Laws.
If you are aggrieved by their action, you should approach the Consumer Forum.
Reply
108. Jaspal Singh says:
June 19, 2015 at 5:06 pm
Hi Eleena,
We have a flat in Chembur East. Our grand mother had made a registered will in favor of my
Mother in 2002. The then Chairman & secretary however went ahead and transferred the share
certificate in my dad’s youngest sons name with a Gift Deed which was made on a 100 Rupee
stamp paper. (The Gift deed has not been registered).
We have filed a case in the co-operative court and it has been more than 4 years nothing is being
done. My Dad’s brother had taken help from one of the affluent person in Chembur who owns
many Bars and hotels and has taken possession of the house. He has hired a tenant as well and the
new management is also hands in glove with him.
Please advice as to the next steps as our earlier lawyer took money from us and never went to
court for one single hearing.
I will appreciate your true advice as to how we get our flat our flat back. My mother is aged and
not keeping well which has added a lot of tension for me.
Please help. I can be reached at 9769 569 710.
Regards
Jaspal
Reply
eleena100 says:
June 19, 2015 at 6:44 pm
I would have advised you to approach the Consumer Forums. But you have already filed a
case in the Co operative Court….
You should consult an advocate for early relief either in the High Court or City Civil Court.
I am suggesting one name:
Sandeep Jalan, Advocate

Mobile 9820671212
Reply
Jaspal Singh says:
June 23, 2015 at 5:30 pm
Thank you Sir. we have not obtained probate of the will. I will get in touch with the Mr
sandeep Jalan. I also have a query in regards to our shop. Below are the details.
We have a shop at the address: Vasant Prabhat Building,

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We have a shop at the address: Vasant Prabhat Building, Shop No 2, Sion-Trombay Road,
Chembur, Mumbai 400071.(Pagdi System) Kanlors is Bachubhai Chauhan
My father’s brother Amarjeet singh Sawhney with the help of then Sr. Inspector P. P.
Boparai of Basant Park Police Station who under the influence of one Manjit Singh Abrol
Owner of Many bars in the Chembur area helped Tress pass my shop in the year 2007.
I was openly threatened by the Sr. Inspector P P Boparai of Basant Park Chembur Station in
2007 that I should give 50% of the share to my brother or I will have to suffer in court and
he will have false cases put on my father and our family.
All the Brothers and Sisters had filed a case against my father in the Small causes Court
and after 4-5 years the case was taken back due to insifficient evidence. The court had sent
notices to all the brothers and sisters to appear before them but no one came ahead.
In the order the small causes Court has ordered as below:
suit is posted for filing evicrenee. pla,intitf No.1 had filed apprlication ro allow him ro
withdraw suit. Application rejeffed on the ground that, nor filed by all the
Piaintifs and Plaintiff No. 1 was not authorised by other pltffs”
Tioday Pltff No- 1 is present” He is not ready to fiie evidence, Hence suit stands dismissed
in default.
Our Lawyer One Mr Godbole from Chembur then sent a le8er to the landlord who refused
to tranfer the receipt in my dads name as he said the order isw not stating that. Later our
Lawyer refused to help us and told us to take away all the papers from him.
In between we had filed a suit agianst amarjeet singh (dad sbrother) in the city civil Court.
Our current Lawyer charanbir Anand is not helping us as well and taking advantage of my
dads age. It has been 4 years now and we are still awaiting an order to evict our Dads
brother. Please help as we are fed up with the Lawyers as everyone tells something
different. Your guidance is highly appreciated.
I will submit all the details if required.
Regards
Jaspal
eleena100 says:
June 23, 2015 at 6:06 pm
Pl. contact Sandeep Jalan.
eleena100 says:
June 20, 2015 at 10:16 am
Have you obtained probate of the will?
Binoy Gupta
9819116360
Reply
109. Prakash says:
June 23, 2015 at 4:26 pm
Hi Eleena,
I live in a society which is 40 years old. Its in a bad shape as

https://consumerresources.in/2012/09/20/redressal-of-complaints-in-co-operative-housing-society/ the maintenance is not done properly.
55/70
I live in a society which is 40 years old. Its in a bad shape as the maintenance is not done properly.
Beams and pillars are cracking. Almost everyone in the society is ready to redevelop the building
but only a few members are opposing. A redevelopment commi8ee was formed more than a year
however until now there is progress, they say its stuck because of DP 2034. There is no clarity in
the functioning of the society as to how the funds are being utilized. NOw the plaster of ceiling ha
fallen off. Thank god no one was hurt. Also all the window frames made of marble have cracked
from the middle. The commi8ee turns a deaf ear to all our complaints and refuse to take any
accountability. What can be done in this situation??
Regards
Reply
eleena100 says:
June 23, 2015 at 5:24 pm
The new DP has almost halted the submission of plans for new constructions in Mumbai.
Because no one knows what shape it will finally take.
So it will be difficult for you to find developers at this stage.
I suppose you will have to wait for another six months or so…..till then manage things to the
best of your ability.
Reply
110. Simpal Ranka says:
July 2, 2015 at 12:24 pm
Sir, last year I bought a top floor flat in a co-op. scty at s.v.road, vile parle west in my wife’s name
with the stilt parking in resale, when we shifted I noticed there is a flower bed in front of my car
parking & due to that i cannot park my car to my parking also on turning to enter to my parking
they allo8ed two car parking on top of water tank illegally to other commi8ee members (one is
allo8ed to the treasurer of the scty) by taking handsome amount, because of these illegal
parking’s i am facing very much difficulties, Mental Stress, Harassment & it will take me for
almost 5-10 minute daily to pass through this kind of hindrances. when I raise my objections to
the managing commi8ee for this but they became deaf & never reply. My repeated a8empt to
contact them or talk to them could not succeed because our scty office is closed all the time,
nowhere shown on notice board opening time of the office & they open only on their discretion.
They are saying you take prior appointment before come to the MC but they are not facing us also
nowhere wri8en in society for office timing. instead of solving this issue they started to harass us.
they put lot of hindrance in front of my car & when I remove them, then they falsely alleged me
for damage the society property & impose a fine of Rs.5000/- on me. when I strongly object for this
& ask them for how can u impose this kind of fine but they are adamant. when i ask them the
details of the damaged property but they ignored & said it is unanimously decision taken by the
MC. MC members are very arrogant not listening & do the things at their own. we are also facing
serious problem for cleanliness as our premises is very dirty, the gu8ers are over flown all the
time but they kept mum on all this issue.
we exchanged lot of correspondences with the scty asking to provide Minutes of AGM, SGM,
Minutes of managing commi8ee meetings, authentic Plan of the building, Commi8ee Members
list & tenure. The Adopted bye laws of the society duly registered in registrar office. they refuse to
provide us all the relevant details.
I wanted to know is this permissible in law to park the cars on top of water tanks ?
water tank on ground level & all the rain water & gu8er water is mix with that. it is allowed to
keep water tank on ground level ?
pls suggest what I do ? we are new in this society & we don’t

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pls suggest what I do ? we are new in this society & we don’t have much communication to other
members.
Pls guide us what we do ? should we file police complaint ? or file a criminal case against them in
court of law ? or what kind of action we can take ? suggest me a good lawyer for this
Reply
111. santosh bhume says:
July 4, 2015 at 8:50 am
we have purchased a flat in 2003 on my mother name today she is 64year old and my father is
76years old in our society there are 10 apartment and 12 row houses of 109 members.
Unfortunately many member have rented or out which never look in the society ma8ers or
meeting.
in our building some criminal minded person were damaging vehicles and water tank on terrace
were a8acking us as there family is having 3 flat 2 are purchased and 1 is on rent .
one lady from same building were taking pvt. class so by shoes and chap pals disturbance there
was contradiction. she was supporting this people.
society president was against us as my father was opposing her in wri8en about corruption and
sct office which was in the drawing of sanctioned layout purchased by her through builder .
so they targeted us by making president to one of the 3 member of family member (A & B are
brother C is sister) D is the tuition taking person who become secretay without taking election in
2014. the president B is flat owner but stay on rented flat while A is staying in B flat but all the
activities and meeting are a8ended and conducted on A leadership B is only having signing
authority.
on 28 sep 2014 they illegaly passed a resolution against us to remove cctv camera installed by us
as there criminal activity were captured by us by misguiding other member by saying we are
misusing it against ladies and as member of society signed on present book this was use as
confidence vote.
we challenge repeatedly towards DDR office since 2013 but DDR passed order to go in court for
justice after 2 years.there were several complaint made by us with proof but DDR office is
refusing by orally submi8ing they are not having power.
So How i can get cancelled this resolution passed by illegal director body.
second how can we control the criminal activity of such member as already we have filed civil and
criminal cases against them ma8er is pending in court.
Reply
112. Rita agrawal says:
July 7, 2015 at 8:34 pm
Rita Agrawal,
Resident of Modern Vandana CHS,
The condition of our society is really ge8ing worse day by day (slabs are falling every alternate
days)… we expect our chairperson and treasurer to take some decision for the be8erment of the
society but they seem to be least bother about the current situation. what shall we do?
Thankyou.
Reply
Binoy Gupta says:
July 8, 2015 at 7:16 am
There are provisions for structural audit of old buildings. Pl. go through these provisions and
ask your MC to get it done.
If they don’t want to do this, file a Complaint in the Consumer Forum.
Reply
113. Varun says:
113. Varun says:

July 11, 2015 at 7:36 pm
You have to file RTI by which you will get all the details of your complaint status . It is a easy way
to make your process fast.You will get complaint related documents as soon by this.You have no
need to go anywhere.You can file RTI via this portal online.
hAp://www.rtionlineservices.com
So just goto this website and Apply RTI.They will surely help you to resolve ma8er.
Reply
114. Purusho-am mane says:
July 13, 2015 at 9:20 am
Hello,
In our society,members are refusing to stay muslim family, even if they are professional, society
not given the permission to sell flat any muslim customer, this is under the rights which society
have , that i want to know can we register a complaint against society? & where i can get help
from government.? I am hindu but i dont like this thing happened from my religion. Can any1
suggest me what to do?
Reply
SANATAN BHASKAR says:
July 13, 2015 at 12:19 pm
Hello Purusho8am I think its solely your society & Commi8ee members wish if they want to
allow Muslims in the society, I am sure lot of other residents do prefer not having a Muslim
tenant or flat owner & hence they have this rule, Being a Hindu you should support your
society.
Reply
eleena100 says:
July 13, 2015 at 1:38 pm
The aggrieved person can and should file a complaint with the Consumer Forum
Reply
July 18, 2015 at 10:58 am
In my society in January 2013 legal election was carried out by Administrator & he left-out by
declaring 5 members commi8ee. In may -13 secretary resigned from the managing commi8ee .In
April -13 as per instructions we adopted the New Bye -laws as well. New election procedures also
became effective from Feb.13.As per New Election circular for conducting election or for filling
the vacancies Commi8ee must inform the said vacancies to Election authority & seek
permission.My question is :-
1 ) Till elected body was functioning in the shape of original constituted way…the formation of 5
members m/c could have been termed as legal.But once the vacancy is created than having
adopted amendment -97 Bye laws is it not mandatory to fill vacancies as per new Bye laws i.e.
minimum of 11 members.
2 ) What if commi8ee co opt only one member in commi8ee without informing the commission ?
Will this commi8ee stands illegal or bad in law ?
Reply
116. Mahendra bhavsar says:
July 22, 2015 at 8:16 am
My mother was expired 2& half year ago & I have varsai nama
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My mother was expired 2& half year ago & I have varsai nama or will in this circumchances I
wants to admit my name in society so in this case I have to pay transfer fee to SOC.?
Reply
yazdi says:
July 22, 2015 at 8:26 am
Normally, Societies waive the transfer fees in case of blood relatives. Even stamp duty is
waived for such transfers
Reply
Mahendra bhavsar says:
July 22, 2015 at 8:40 am
I have heard that in varsai haque (will) in this case transfer fee of varasdar not to pay SOC.
& you can admit your name as member.
117. Sachin Haldankar says:

July 23, 2015 at 12:19 am
My flat was in Nallasopara west. I sold my flat but I want file complaint against secretary & other
commi8ee members. They doing caste discrimination & also earn commission without having
real estate licenses. I have some evidence against them. They have been doing illegal activity like
caste discrimination, earn commission.
Please can you suggest I file complaint to Vasai registrar or consumer forum?
Reply
118. Ayan Bargi says:
July 27, 2015 at 11:09 am
we have applied to the registrar of society office for conducting the election procedure in the
month of april, 2015 before completion of five years tenure since maximum managing commi8ee
members resigned including chairman secretary and treasurer. As of today we have not received
any election date but yesterday members elected a new managing commi8ee. Is it a valid
commi8ee?Can registrar take any action against our society?
Reply
119. tanveer says:
August 19, 2015 at 4:50 pm
respected sir
iam resident of janam C.H.S opp western express highway .jogeshwari east mumbai 60.our
building gone under redevelopment in 2009 from then our society chairman.secretary..treasure
not took any meeting they neither have any minutes recorded..our chairman went to his village he
dont come at building and not showing any b.m.c approved plan from builder and they dont
convey any information regarding development to the members of society.if we asked secretary
he also ignore our query and our building still not completed..if we ask them about election bcos
their 5 year tenure is ge8ing over on this they are not ready…pls sir guide me where to give
complaint about them need help and guidance.pls provide me the address so that i can give
wri8en complaint.
thanking u
Reply
eleena100 says:
August 19, 2015 at 5:08 pm
This is a serious ma8er. You should consult a good lawyer.

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This is a serious ma8er. You should consult a good lawyer. Are you still living in the flat or
you have vacated it…? I suggest a few of you should join together………and take necessary
action.
Reply
120. Abhishek Rane says:
I stay in kandivali chs from last 9 years.In 9 years AGM has happened just once when I come.from
last 8 year there is no AGM happened.The secretary and president is not giving the account
details or balance sheet of society. When we told to resolve new commi8ee they are not
ready.There are lot of issues in our society but this people are ignoring the society members.
Someone please give me solution to remove them from there post.
Reply
121. Ajay Gala says:
i stay at nalasopara. one of our member leaving at ground floor want to purchase society office
adjucent to his flat. but i raise objection. so secretary of our society conducted meeting and prove
their majority. is it legal to sell society property to any one member as we all member hold same
rights to socety property. what can i do to challenge this.
Reply
eleena100 says:
The Society office belongs to the Society and is for the Society’s use. It can not be sold to one
member……….
You can challenge this decision in the Consumer Forum.
Reply
122. Biju says:
Question:
A Managing Commi8ee member sold his flat and purchased another one in the same Society.
Managing Commi8ee has approved transfer of ssale and purchase, transfer of membership in
new flat.
1. Can this office bearer (Scretary) MC member contginue in the Managing Commi8ee and occupy
the post of Secretary after ge8ing the membership in new flat?
What is the correct procedure in this case?
2. Can all the transfers happened before AGM can be ra8ified in current AGM?
If a sale and membership transfer happened after 31st March 2015, can this tranfer ra8ified in the
AGM on Sep2015? Or need to wait till 2016 AGM?
Reply
123. Niraj says:
Our builder has refused to form Co-operative housing society but he is willing to form
Association. Almost 75% flats have been sold out and more than 60% flat owners have occupied
their flats at Nirmal Nagari, Nagpur. We all have paid one time maintenance charges towards
builder.
The quality of maintenance (i.e. security, cleanliness etc) maintained by Builder is very poor and
promised additional facilities like power Backup, Club, Gym etc. have not been provided yet and
probably in future it will be not provided by the builder. Quality

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probably in future it will be not provided by the builder. Quality of Tar Road is not up to
standard. Hence residents of Niraml Nagari approached to Builder to form a Co-operative
housing society as per Maharashtra Housing Regulatory Act 2014, but builder refused the request
of residents and advised to form Association of residents of Nirmal Nagari. It is clear that the
association will work under the builder and hence will have no powers to work independently.
As such residents are not willing to form association.
Please guide us as to where we have to approach for se8ing up our own co-operative housing
society and recover one time maintenance charges paid to the builder, since at present office of
Maharashtra Housing Regulatory Authority is not available in Nagpur.
Reply
eleena100 says:
March 25, 2016 at 8:02 pm
Niraj
What does the sale deed say? Is there any mention whether Housing Society will be formed or
Association of Residents?
You can apply to the local Asst. Registrar of Co-op. Societies for formation of the Housing
Society.
Reply
124. BHARAT says:
I have a terrace flat which was purchased by me in 1990 in agreement terrace is been mention an i
got noc from society while purchasing the flat. Now society says that terrace belongs to society an
started charging me penalty of 5000 pm. What should i do?
Reply
eleena100 says:
March 25, 2016 at 7:52 pm
The terrace belongs to the Society. No one can sell it. As a result, the sale is illegal. And you
don’t have any right in the terrace.
Just forget about it.
Reply
125. garima says:
We bought the flat in re-sale 6 months back in a housing society in Bhosale Nagar Pune and
started renovating it. The society commi8e had a list of rules which needed to be followed for the
well-being of all the people living there which we did all the while. But we ran into a problem that
we sold our old flat where we were living and because of the rules and regulations of the society
could not complete the new flat in the estimated time. The society does not allow any work on
public holidays and sundays and also after 7 p.m. on weekdays as this may cause disturbance to
the residents there. We had requested the commi8e in all the ways to allow painting and
polishing on sundays so that we can complete the house on time and move in it but they refused
saying that they cannot allow exception for one family.
The situtation now is that I had to go on loss of pay from my work as we became homeless, can’t
move to the incomplete house because I have a one year old baby. We have been living with some
relatives for last 1 week. As end of december is a festive month, we are not allowed to work on
any public holiday even if it is noiseless painting.
I just wanted to ask if we have a genuine reason we should

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I just wanted to ask if we have a genuine reason we should be allowed noiseless work on public
holidays, shouldn’t we. It is as if it the society’s property are wer are encroaching into it. The
commi8e is developed for the people and should be considerate enough to understand about the
problems of even a single problem.
I wanted to know your opinion and say in it.
Reply
eleena100 says:
Think from the view point of other flat owners. You have purchased a flat. It is under
renovation. As every one knows, renovations often takes a long time and does cause a lot of
inconvenience to others.
Your Society is absolutely right in saying they can not make any exception for you. I suggest
you increase the number of workers on week days and finish the work as early as possible.
Whatever the reason may be, you are responsible for taking more than the estimated time for
the renovation. And you can not blame any one for your loss of pay, etc.
Reply
126. Chandrakant says:
January 14, 2016 at 12:55 pm
Dear Sir,
I had sold my residential flat located in kalyan last year and society charged me sum of rs 40000/-
for a society premium charges and now not ready to provide me the break of charges as well and
receipt. Request your views is this valid charges in Tier D locality under transfer of flat
ownership.
Pls help me with how can i get refund of excess premium paid by me.
Regards
Chandrakant
Reply
127. PN Sarma says:
Sir I booked a plot at jaipur by a firm located at matura. most of installments already paid but
after january last year no money debited by firm. Also registration of plot not yet done. Please tell
procedure for complaint for te same.
Reply
128. Kavita says:
I reside in a co-operative housing society in Pune. The walls adjoining the common duct area are
leaking badly including the ceiling and the floor in my house. I had a look at the duct area
through an opening and saw that water is flowing out of the pipe from some top floor.
We complained about this to the commi8ee. The sent a plumber to common duct area to review
and he said that the upper floor owner has made some alterations in the pipeline in duct area
which was not done properly and is causing the issue. As this was done by upper flat owner,
commi8ee said that the upper flat owner needs to rectify this.
https://consumerresources.in/2012/09/20/redressal-of-complaints-in-co-operative-housing-society/ The commi8ee and me even told 62/70
commi8ee said that the upper flat owner needs to rectify this. The commi8ee and me even told
the upper flat owner about this. Initially he didn’t oblige. Now he keeps on giving excuse that he
will get it done in 2 days, but his 2 days never comes.
This situation is there since past 6 months. Let me know if I can take a legal action against the
owner or some other be8er channel. Does this case comes under the jurisdiction of consumer
court or some other court needs to be approached.
Reply
eleena100 says:
This does not come under the jurisdiction of Consumer Forums.
Reply
129. yogeshabseo says:
hello sir,
I recently purchased resale flat on 2nd floor of 4 floor building. I am facing issue of irregular water
supply from day on but remaining society member get adequate amount of water supply. except
some of those who are staying in 3rd floor. I have complaint regarding it many time to society
body member but there is no action taken. As per them my flat having issue since my flat built
and existing owner also suffer from it so we have no solution for it. you have to esquire first
before purchase like that reply I get but also esquire it while society member meet so they told me
we have boring water supply as well as municipal water supply so there is less water supply as
compared to others please give me some solution for it or can I take separate connection for my
house from municipal water supply pipe.
Note : One of them from society body member working in Society registration gov. office so I
scare about it
Reply
eleena100 says:
March 25, 2016 at 7:49 pm
Dear Yogesh
If you are scared, then you should suffer.
If you are serious about the problem, file a Consumer Complaint against the Society.
If there is shortage, it should be shared by all the members equally.
Reply
130. Prajesh Gohil says:
March 24, 2016 at 7:34 pm
Hello sir,
i have just buy small home in borvali gorai, my stamdyuty registration is completed and i have
the key after full payment given to room owner, and for the transfer of amount and inform to
society i have called charmain of the society and take a time to meet, but unfortunate that day i
have to went the office for the meeting so i send my mom and dad with old room owner to get
meet and give the transfer payment and get to know each other but the just take litel time to meet
so they went room and that day we have plane to inogration pooja after meet them so are
preparing for that and unfortunate chairman cam and see that so started shouting an all drama i
hade call from my dad and he told me all this things i have word with chairman and meet
requested to accept the papers and transfer amount he is not redey to take that and he told to we
have AGM meeting in next 26th this month come that day we talk that day ……… i want to know
what they can do …. they are told me that dont go to room

https://consumerresources.in/2012/09/20/redressal-of-complaints-in-co-operative-housing-society/ else they can complain in police 63/70
what they can do …. they are told me that dont go to room else they can complain in police
against me that i have trace passing property n all ….. what can i have to do i don’t understand
….. give some advice waiting for rep……
Reply
eleena100 says:
March 25, 2016 at 6:48 pm
Don’t worry about the Chairman.
You have made full payment and are the owner of the house.
Send them a le8er with the cheque for the transfer amount.
And move in whenever you want.
Police can not and will not interfere.

It is only the old owner who can file a case against you if there is any reason to to do so.
Reply
131. Rajeev Pande says:
April 24, 2016 at 6:52 pm
I am staying in a housing society since past 30 years. One of the team members staying above me
changed his sanitation line and has caused lot of leakage and seepage in my WC. Society
Chairman and secy were told verbally and the owner of the said flat. However he is reluctant to
do any remedial measures. I am looking for advice so that society commi8ee can force the owner
of that flat to do the remedial measures…Can anyone offer legal advice, tips, suggestions?
Reply
eleena100 says:
April 24, 2016 at 8:17 pm
You can file a complaint with the concerned Municipality for taking action.
You can also file a complaint in the Consumer Forum making the Society as well as the flat
owner parties.
Reply
132. Manoj says:
May 23, 2016 at 4:54 am
Hello,
My mother owns a flat in Pune in Model colony that is lying empty. (We live in Mumbai) The
society commi8ee had began wrongly over-charging maintenance fees to us in 2004 and 2005. She
made part-payment and inquired a breakdown of expenses so she could clear any dues. Since
then they refused to reply to any correspondence(17 le8ers and many personal face-to-face
meetings) However, without any knowledge of dues, she continued to make partial payments
each year and repeatedly inquired for bills and receipts for the same which she did not receive.
In 2011 they put a fraudulent case on case for non-payment of dues demanding we pay over a 1
lakh for dues over the past 7 years. ( in those 7 years, the Managing commi8ee repeatedly asked
us if we wanted to sell the apartment – sending strangers to our house etc)
On calculation,(along with 15% interest) we found out the dues were actually 45,000.
Despite all evidence and documents in our favour, the corrupt deputy registrar in Pune put the
case result in their favour( they used some influence) We then fought the case in higher court and
won. It went back to the deputy registrar and won again. (In 2014)
Since then, we have deligently paid our dues and asked for
https://consumerresources.in/2012/09/20/redressal-of-complaints-in-co-operative-housing-society/ a breakdown of any remnant dues 64/70
Since then, we have deligently paid our dues and asked for a breakdown of any remnant dues
and receipts for the payment. We were orally assured of this but didn’t receive anything.
**IMP** we also since made payments for the annual society fees by cheque via registered post.
They have not cashed them in and have outright refused to respond to our le8ers. Since both my
parents are over 80 years old we have been chasing them for acceptance of nomination in my
name for the flat, which we found out they are purposefully delaying for the last 5 years. They
haven’t even responded to the Deputy registrar’s le8ers to them to respond.
Please help us! This issue has ruined the peace in our home and has stressed my parents in what
is their old age. It almost ruined my career as I had to quit and look at resolving this somehow.
We have repeatedly gone to the deputy registrar office who said ” What can we do if they don’t
listen?”
Please advise what is our best move forward?
Thanking you,
Manoj (on the verge of suicide)
Reply
133. Binoy Gupta says:
May 23, 2016 at 10:32 am
Manoj
File a Complaint Complaint in the Consumer Forum in Pune.
Engage some junior advocate there.
All your problems will be solved.
Reply
134. rishi shukla says:
May 24, 2016 at 10:06 pm
hello sir,
i stay in kanpur city in u8ar pradesh and i have parking problem infront of my house .
actually we have 6 feet broad gallery underneath of our house as a passage way to go out since we
have our plot in backyard and other two plot are outside .
so one of the neighbor use to park there two vehicles underneath house of mine . i have problem
in parking my two vehicles since i have godown in that lane so it becomes difficult to take the
goods out to my shop.
one day they had also tried to put there bench in parking place of my bike when i was gone
somewhere on my bike .
i am ge8ing frustrated with all this mess .
so please if it has any solution please give it soon.
thank you.
Reply
135. rishi shukla says:
May 24, 2016 at 10:10 pm
hello sir,
i use to live in kanpur city in U8ar Pradesh and i have parking problem in front of my house .
actually we have 6 feet broad gallery underneath of our house as a passage way to go out since we
have our plot in backyard and other two plot are outside .
so one of the neighbor use to park there two vehicles underneath house of mine . i have problem
in parking my two vehicles since i have godown in that lane so it becomes difficult to take the
goods out to my shop.
one day they had also tried to put there bench in parking place of my bike when i was gone
i am ge8ing frustrated with all this mess .
so please if it has any solution please give it soon.
thank you.
Reply
eleena100 says:
May 24, 2016 at 10:24 pm
Why don’t you consult a local lawyer there in Kanpur? He will need more details to give you
proper advice.
Reply
136. mahesh m says:
May 25, 2016 at 6:14 pm
Installation of CCTV Camera or intercom
This is request from me
I am staying in koper khairane in my oun flat, I was admithed to hospitel and I was in icu for 1
month, now i am jobless for last 9 month and i will not get job for 10-12 months at least so I an
requesting for not doing any unnecessary work, I am sorry is i an wrong i am jobless fron lase 6
months, Thais why i am requesting the following , tell me how can i approach society registration
or someone who can help me .
There are only 8 flats in our room, we are paying 2000 rs per month we are paying this for last 2
years.
Currently secretary is installing intercom in our flat its prise is around 20000 for entire flore i had
rejected to instal this but secretary is not taking objections from my words This society is formed 2
years back Can you give me numbers of NMMC or anyone with which i can talk.
This society is registered society anyone can give me numbers where I can call.
my contact number is 9930150625 and email id is smartmind25@gmaol.com
Regards
Mahesh M
9930150625
Reply
eleena100 says:
May 25, 2016 at 9:51 pm
Decisions are taken by the majority. And in today’s scenario, it is necessary to have CCTV for
the safety of every one. If you are in a tight financial situation, you can pay later and request
the managing commi8ee to waive the interest.
Reply
137. Chandrashekar says:
May 27, 2016 at 12:12 pm
We have lodged the civil complaint in the court for partition on our ancestor properties against
our aunt as she has taken gift deed from our grandmother. But she has given complaint on us that
we are not allowing her for land. So police has taken the money from her and supporting her.
They have taken complaint 20 times till now and taken statements
https://consumerresources.in/2012/09/20/redressal-of-complaints-in-co-operative-housing-society/ from us. Now also they are 66/70
They have taken complaint 20 times till now and taken statements from us. Now also they are
torturing us. But if we gave complaint they are not taking as our uncle is in possession from long
time. Police were refusing to take complaint. So,please suggest what we can do further.
Reply
eleena100 says:
May 27, 2016 at 12:49 pm
Since the ma8er is in civil court, police should not interfere. You should try to get appropriate
orders from the concerned court. Discuss with your lawyer..
Reply
138. Samuel Suchi-a says:
June 1, 2016 at 10:22 am
I am on 7th floor in a CHS. upto 6th floor there is adequate water supply from O/H Tanks. Almost
no water in 7th floor since 5 years. Unable for any person to live in the flat hence flat us locked
and unused. Society is not doing anything inspite of being aware of the problem.. What redress
do I have.
Reply
Binoy Gupta says:
June 1, 2016 at 10:31 am
Where is the flat located. Why don’t you file a complaint in the Consumer Forum.
Binoy Gupta
Reply
139. Archana Mane says:
June 16, 2016 at 12:23 am
Mi Bhakti app C wing kalwa made rahate…maze ghar ground floor la aahe aahe toilet bathrum
madun sarat Kide baher yetat mala khup trass hotoy…maze husband ship var astat tya mule mi
ani maza chota mulga amhi doghech rahato pan maze zagane khup difficult hotey please mala
help kara …secretary kade mi le8er dile hote te khich Action nahi ghet ..mi kay karu kute zau
help kara mala
Reply
140. Chandan LokUdyan CHS Ltd says:
June 22, 2016 at 2:56 pm
C V Deshpande
A-11-302-Chandan LokUdyan Kalyan west 421301
Contact 91 9619984688.
Email-cdeshpande903@gmail.com
Chandan
Sub-Responsibilities of Stopping leakages in flat and carrying out repairs to damaged portion.
I am staying in Chandan LOkUdyan CHS Soc Kalyan west, In flat No A-11- 301(third floor).there
are leakages in my flat from flat No A-11-401 (4th floor) bath and toilet. The above flat owner has
completely changed the original layout by clubbing toilet and bathroom –which were earlier
independent units- in to single unit and also changed the complete layout of internal piping and
plumbing. When there were leakages in my flat from the above flat, they were shown to his son
and other two society members. And also it was shown to all the office bearers of the society. Last
for one year I am not able to use my bedroom due to these leckages.The flat owner of Flat No A-
11-401,which is above my flat A-11-301, says the leakages are from flat No A-11-501 which is
above to his flat A-11-401.,which in turn percolates in my flat A-11-301.
I requested the society to find out from where the leckages are occuruing but our society did not
take any action.
take any action.

Due to these leakages the ceiling of my affected bed room has been completely damaged. The
neeru finish has been peeled out and now sand plaster of ceiling is daily falling down with the
result I am not in a position to use my bed room..
Three years back due to such monsoon leakages from the terrace in flat No A-11-601, which is last
floor above my flat, the entire plaster of drawing hall was collapsed at night time. Luckily nobody
was injured as nobody was sleeping in the drawing hall. In my case it is my bed room which is
affected, hence I am not using this bed room for sleeping and we are sleeping in drawing hall.
Such thing should not happen in my flat I requested thee office bearers of our society to get the
ceiling repaired from the flat owners responsible to the damages to my flat, but our society is not
bothered and do not take any action in the ma8er. I fear that any time my ceiling plaster may fall
down. I have wri8en to society regarding this, personaly spoken to all the office bearers, but till
date Society has not taken any action.
Under such circumstances kindly guide me,
1)-what are the responsibilities of the society and the concerned flat owners from whose flats there
are leakages in my flat.
2)- Which authority I should approach to get me relief?
Thanks,
C V Deshpande
Reply
141. Ishaa dedhia says:
June 25, 2016 at 12:27 am
I stay in higland view building charkop village kandivali west There is tenant who was parking
bike for 1 yr than since january 2016 he is not parking and tht place is common place for parking
and I jad purchased new 2 wheeeler in feb and started parking there since march and now tenant
has asked me to move vechicle from tht place pls need suggestion and when compalined to
secretary and chairman there is no response
Reply
Ivan Lewellyn Gaye says:
June 25, 2016 at 3:20 pm
Gosh !! if the parking space belongs to the tenant who is asking you to move, then please
move.
Reply
142. tej says:
June 26, 2016 at 2:35 pm
I have rented out my commercial shop in a housing society one and half years ago to the Bank
ATM. The bank authorities had fi8ed ATM board on the shade in front of my property at the time
it was leased to ATM center. But Now after one and half year one of resident above my shop is
objecting and asking to remove the ATM board. The bank authorities are not willing to remove
the board. Can a member object of society object to the board. How can I tackle this situation.
Reply
eleena100 says:
June 26, 2016 at 4:36 pm
It is not your board……..it belongs to the Bank.
Tell the member you are helpless.
Just keep mum…the member can not do anything.
Reply
tej says:
June 26, 2016 at 7:53 pm
June 26, 2016 at 7:53 pm

They have made it remove from bank authorities when we were not in town.
The bank authorities are now threatening us that they will move out if society does such
things every now and then. I don’t want ATM to move out as its a 9 years agreement. How
can I take action against society.
eleena100 says:
June 26, 2016 at 8:08 pm
Sign boards are officially allowed on commercial establishments. Get a stay form the local
civil court.
143. girish makkar says:

June 27, 2016 at 11:53 am
we are living in co operative housing society in surat. but here some flat holder have started
giving flats on rent to offices and one flat has been given to aids doctor for clinic. due to this the
atmosphere of society has degraded and constantly people are coming and nuisance is being felt
and so i request to help for the regarding and how can i stop these activities from the apartment.
as it is co operative housing society and i think the flat should only be given to families. please
help me how under law or by doing what i can stop this thing.
Reply
144. pramod Mohite says:
July 31, 2016 at 1:35 pm
My internal ceiling roof had damaged badly fall down badly no injuries were happen. But I want
suggestions that it repair by society or by owner that means by me. Please give me a reply.
Thanks.
Reply
Binoy Gupta says:
July 31, 2016 at 5:20 pm
Internal repairs are the responsibility of the flat owners, unless your flat is on the top
floor….that is, the leakage is from the terrace.
Reply
145. Navneet Desai says:
Where to send the request to grant the permission to hold the election of the commitee for the
SRA co op housing society
where the government auditor is appointed.
Reply
146. Navneet Desai says:
what is the process to hold the election of commitee members for the SRA co operative society
where the administrative officer is appointed by the SRA authority and powers of the existing
commitee is withdrawn
Reply
147. astutepost says:
Dear Sir,
If an existing cooperative society consisting of only bungalows

https://consumerresources.in/2012/09/20/redressal-of-complaints-in-co-operative-housing-society/ of different sizes is being sold. 69/70
If an existing cooperative society consisting of only bungalows of different sizes is being sold.
How common area profit has to be divided among members?
Will that be proportionate to the members bungalow size or Will the common area be divided
equally amongst all the members.
Kindly advice.
Thanks.
Reply
148. md kiyanot mollick says:
please send me wb society registration act need certified copy of Zenith paint Academy….
address.-vill+post-Harishchandrapur,
p.s-Bharatpur,Dist-murshidabad,pin-742161.
Reply
Binoy Gupta says:
You will get this in on the following site:
hAp://www.wbhousingboard.in/home/acts_rules
Reply
149. jignesh hariprasad shukla says:
Election officer has not explain the rules of for conducting the election because he want to go
home early what to complain what to do
Reply
150. Yogeshbajpai@accountant.com says:
Sir
I m elected member of a co p.o. society in Mumbai.
A member just get his possession after 12 years from builder,due to court ma8ers.
Now society given them a dues le8er Rs 27000 properties tax + Rs 40,000 INTRESTES /late charge.
What is the right way please guide me.
Thankyou
Reply
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10/28/2016 Redressal of complaints in Co-operative Housing Society | Consumer Resources

Resources for the Indian Consumer

Redressal of complaints in Co-operative

XVIII. REDRESSAL OF COMPLAINTS:

Maharashtra Co-operative Societies Bye Laws:

173. Complaint application to be submi8ed to the society

(A) Complaints to be made to the Registrar

(B) Complaints to be made to the Co-operative Court

(C) Complaint s to be made to the Civil Court

(D) Complaints to be made to the Corporation / Local Authorities

(E) Complaints to be made to the Police

(F) Complaints to be made to the General Body of the Society

(G) Complaints to be made to the Federation

173. Member / Members shall submit their complaint application

(A) ASST. REGISTRAR / DEPUTY REGISTRAR:

Ma8ers pertaining to following issues:-

a) Registration of Society on Misrepresentation,

b) Non-issuance of the Share Certiﬁcates,

d) Non registration of Nomination by the society,

e) Non Occupancy charges,

f) Demand of excess premium for transfers,

g) Non supply of the copies of record and documents,

h) Tampering, suppression and destruction of the records of the society,

i) Non acceptance of the cheques or any other correspondence by the commi8ee.

j) Non maintenance or incomplete maintenance of record s and books of the society,

k) Non preparation of the annual accounts/reports, within the prescribed period,

1) Misappropriation/Misapplication of the funds of t he society,

m) Defaulter/Disqualiﬁed member on t he commi8ee,

n) Investment of Funds without prior permission,

q) Non conducting of election before expiry of the term of the commi8ee,

s) Non calling of General Body meetings within prescribed period,

t) Non calling of Managing Commi8ee meeting as prescribed in Bye – laws,

u) Resignation by the Commi8ee,

(B) CO-OPERATIVE COURT:

a) Resolutions of the Managing Commi8ee and General Body.

b) The elections of the Managing Commi8ee, except the Rejection of

Nominations, as provided under section 152-A of the Act,

c) Repairs, including Major Repairs, internal repairs, leakages,

f) Escalation of construction cost,

g) Appointment of Developer/ Contractor, Architect,

i) Excess recovery of dues from the members,

(C) CIVIL COURT:

Disputes pertaining to: – Complaints to be

d) Escalation of construction cost,

e) Any other, like, disputes which fall within jurisdiction of the

(D) CORPORATION / LOCAL AUTHORITY:

Ma8ers pertaining to:-

a) Unauthorized constructions / additions / alterations, made by builder / member occupant of the

b) Inadequate Water supply to the society,

c) Change of use by the members/occupants.

d) Building’s structural problems.

Ma8ers pertaining to:-

b) Threatening / Assault by or to the members’ of the society,

(F) GENERAL BODY:

Ma8ers pertaining to:-

a) Non maintenance of the property of the society by the managing commi8ee,

b) Non display of Board of the name of the society,

e) Non Insuring the property of t he society, by the managing commi8ee,

Ma8ers pertaining to:-

b) Non acceptance of any communication by the member / managing commi8ee.

d) All other like ma8ers.

271 Comments on “Redressal of complaints in Co-operative

1. vinod ahuja says: