Monday, 23 September 2019

Where to complainant against society committee Bye - Laws 173

If the Member/Members are not satisfied by the decision of the Committee, or does not receive any communication from the committee within 15 days, the complainant Member may approach below mentioned Competent Authority.

a) THE REGISTRAR

i. Complaints to be made to the Registrar. Matters pertaining to the following issues:-

ii. Registration of Society on Misrepresentation,

iii. Non-issuance of the Share Certificates,

iv. Refusal of Membership,

v. Nonregistration of Nomination by the Society,

vi. Non Occupancy charges,

vii. Demand of excess premium for transfers,

viii. Nonsupply of the copies of record and documents,

ix. Tampering, suppression, and destruction of the records of the Society,

x. Nonacceptance of the cheques or any other correspondence by the committee.

xi. Non maintenance or incomplete maintenance of records and books of the Society,

xii. Non-preparation of the annual accounts/reports, within the prescribed period,

xiii. Misappropriation/ Misapplication of the Funds of the Society,

xiv. Defaulter/Disqualified Member on the committee,

xv. Investment of Funds without prior permission of G.B.M.

xvi. Reconciliation of Accounts,

xvii. Audit, Audit Rectification reports.

xviii. Non conducting of the election before the expiry of the term of the Committee as per law.

xix. Rejection of Nomination,

xx. Non convening of General Body meetings within the prescribed period on or before 30th September of each year

xxi. Non calling of Managing Committee meeting as prescribed in Bye-laws,

xxii. Resignation by the Committee,

xxiii. Any other like matters which falls within jurisdiction of the Registrar.

xxiv. Non filling of Returns and statements.

xxv. Classification as Active and Non-Active Members


b) CO-OPERATIVE COURT

Disputes between the Members and/or the Members and Society, which falls under Section 91 of the MCS Act 1960 such as:-

Disputes pertaining to:-

i. Resolutions of the Managing Committee and General Body.

ii. The elections of the Managing Committee, except the Rejection of Nominations, as provided under section 152-A of the MCS Act 1960.

iii. Repairs, including Major Repairs, Internal Repairs, Leakages,

iv. Parking,

v. Allotment of Flats/Plots,

vi. Escalation of Construction Cost,

vii. Appointment of Developer/Contractor, Architect,

viii. Unequal water-supply,

ix. Excess recovery of dues from the Members,

x. Any other, like, disputes which fall within jurisdiction of the Co-operative Court.


c) CIVIL COURT

Disputes pertaining to:-

i. Noncompliance of the terms and conditions of the Agreement, by and between the Builder/developer, (specific performance)

ii. Substandard Constructions,

iii. Conveyance Deed in favor of the Society,

iv. Escalation of construction cost,

v. Any other, like, disputes which fall within the jurisdiction of the Civil Court.


d) MUNICIPAL CORPORATION/LOCAL AUTHORITY

Matters pertaining to:-

i. Unauthorized constructions/additions/alterations, made by builder/Member/ occupant of the flat,

ii. Inadequate Water supply to the Society and Members.

iii. Change of use by the Members/occupants,

iv. Building's structural problems.

v. Any other, like, matters which fall within the jurisdiction of the Corporation/ local authority for eg. Property tax, streetlights, garbage, and other civil amenities etc.


e) POLICE

Matters pertaining to:-

i. Nuisance carried by the Unauthorised user of the Flat / Shop / Parking slot / Open space in the Society, by the Members, builder, occupants or any other persons, 

ii. Threatening / Assault by or to the Members of the Society and official body.

iii. Any other like matters which fall within the jurisdiction of the Police.


f ) GENERAL BODY MEETING

Matters pertaining to:-

i. Non-maintenance of the property of the Society by the Managing Committee.

ii. Non-display of Board of the name of the Society,

iii. Levy of excess Fine, by the Managing Committee for act of the Member which is in violation of the Bye-laws.

iv. Not allowing the authenticated use of the available open spaces of the Society, by the Managing Committee.

v. Non Insuring the property of the Society, by the Managing Committee,

vi. Appointment of Architect,

vii. All other like matters which fall within the jurisdiction of the General Body.


Complaints made by the Member Societies of the federation

g) FEDERATION -DISTRICT / STATE

Matters pertaining to:-

i. Not allowing of the entry to the Secretary of the Society, by the Member.  

ii. Non-acceptance of any communication by the Member/ Managing Committee.

iii. Convening Special General Body Meeting provided under the Bye-law no. 95 and Managing Committee meeting provided under Bye-law no. 131. As per the directions given by concern Dist/Asst Registrars

iv. All other like matters as per the Byelaws provision of the federation.

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