Cooperative society rules
padma
(Querist) 30 November 2012
This query is : Resolved
Sir,
a)There are many defaulting Candidates in the list of Nominations received by Returning officer and the Present Managing Committee led by chairman,Secretary and treasurer have hidden all true facts about some of the members being in default of their Monthly Maintenance bills/dues and hence their nominations which normally should have been rejected have been accepted as valid and accepted by the Returning officer.
b) The Chairman is a defaulter for many years of non payment of monthly bills
c) Also there are some members having more than two children.
1)My query is what action needs to be taken in this regard.
2) If Deputy Registrar of CHS is to be approached then within what period/days of declaring of Election results should I approach him to get the above mentioned defaulters disqualified/debarred as Elected Managing Committee Members and under what rule/byelaws of MCS 1960/61
ajay sethi
(Expert) 30 November 2012
you cna addresss letter to registrar mentioning aforesaid facts . furnish details of members of managing committee who are defaulters and request for appointment of administrator for society
ajay sethi
(Expert) 30 November 2012
Bye-Law-118.
No person shall be eligible for being elected as a member of the Committee or coopted on it, if:
(i) he has been convicted of the offence, involving moral turpitude, unless the period of six years has elapsed since his conviction,
(ii) he defaults the payment of dues to the society, within three months from the date of service of notice in writing, served either by hand delivery or by post (under certificate of posting), demanding the payment of dues.
Raj Kumar Makkad
(Expert) 01 December 2012
FILE COMPLAINT AGAINST THE SOCIETY UNDER MCS ACT
(i) If the managing committee refuses to give information in response to your applications and/or Dy Registrar’s notices, they are committing breach of law and willful neglect of law. The members of the managing committee are “jointly and severally responsible for acts and omissions detrimental to the interests of the society” as per Sec 73(1AB). Such actions will attract both fines and imprisonment. If they do not give you information even 30 days after the above-mentioned application, you may appeal to the Dy Registrar to IMPOSE PENALTIES AND PUNISHMENTS ON THE MANAGING COMMITTEE under Section 146(j) and section 147 of the MCS Act.
(ii) Under Section 89 A of the MCS Act, you can petition the registrar to INSPECT THE AFFAIRS OF THE SOCIETY, specifically for violations of Section 73. If they have signed the M-20 Bond (as per MCS Act Section 73(1ab) and Rule 58) within 45 days of assuming office, they are legally liable. And if they have not furnished the M-20 bond within the time limit, all their actions and decisions stand null and void.
FOLLOW THESE STEPS:
• First file complaint with DEPUTY REGISTRAR of Co-operative Housing Societies (AT YOUR WARD OFFICE). Mumbai residents, to find the address of your Deputy Registrar by ward, name of locality and pin code number, download this: http://tinyurl.com/Mumbai-CHS-Dy-Registrar-Wards
• Second, if this fails to have the desired effect within a month or so, escalate the complaint to the DISTRICT DEPUTY REGISTRAR. People of Mumbai, Navi Mumbai & Thane, to know the address of your District Deputy Registrar, download this: http://tinyurl.com/MMR-DISTRICT-Dy-Registrars
• Finally, in case you don’t get any relief from the above two steps within a couple of months, escalate it further to MAHARASHTRA-LEVEL HIGHER AUTHORITIES i.e. Commissioner, Registrar, Chief Secretary and Minister of Cooperatives & Housing. Contact details: http://tinyurl.com/Maharashtra-CHS-Higher-Ups
HOW TO COMPLAIN:
(i) Send original complaints to each authority. Don’t send any letter as cc, as this dilutes the responsibility of both recipients.
(ii) Each time you escalate the complaint to a higher level, begin by giving reference to your previous complaints at the lower levels, and also enclose copies of previous complaints.
(iii) Please let your complaint be clean and clear in language. Keep it short – not over two pages. State your matter clearly and pointwise. Give references to the rules and laws that were broken by the opposite party. Avoid anger, sarcasm and other emotions, because they will only muddy the waters.
C. FILE RTI APPLICATION TO DEPUTY REGISTRAR
Cooperative Housing Societies are not directly under Right to Information Act 2005 (RTI Act). But they are indirectly covered, THROUGH THE OFFICE OF DY REGISTRAR, AS PER SECTION 2 (F), which entitles you to “information relating to any private body which can be accessed by a public authority under any other law for the time being in force”. This is an indirect way of obtaining information from a society. Make an RTI application to Dy Registrar of the ward in the format prescribed under Maharashtra RTI Rules “Annexure A” with Rs 10/- court fee stamp or Indian Postal Order. Download Readymade RTI Application Format: http://tinyurl.com/RTI-Appl-format-DyRegistrarCHS
The Dy Registrar has to provide the information after getting it from your Society, USING HIS POWERS U/S 77 & 78 OF THE MCS ACT (to which RTI Sec 2(f) refers as “any other law for the time being in force.”)
Quite often, in response to the RTI application, the Registrar or Deputy Registrar will issue notices to the managing committee, threatening stern action if they do not provide information. Copy of this notice will be endorsed to you. Sometimes, this notice will have the desired effect, and you will get the information.
IF INFORMATION IS NOT PROVIDED WITHIN 30 DAYS, INVOKE TWO LEGAL MECHANISMS by filing a complaint with the Dy Registrar, say on the 35th day after the order.
(i) Invoke the mechanism of FIRST APPELLATE AUTHORITY under RTI Act Sec 19(1).
(ii) Invoke Section 148A – i.e. CONTEMPT OF CO-OPERATIVE COURTS, which says, “(1) If any person– (a) when ordered by a Co-operative Court or the Co-operative Appellate Court to produce or deliver up any document or to furnish information, being legally bound so to do, intentionally, omits to do so… he shall, on conviction, be punished with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.”
D. IF ALL THE ABOVE REMEDIES FAIL, FILE CONSUMER COMPLAINT
As a consumer of services provided by a co-operative housing society, you are covered by the Consumer Protection Act in matters concerning the “business” of the society. Failure to give you necessary documents is a “deficiency in service”, and so you may approach the Consumer Court and pray for reliefs i.e. copies of documents, and compensation for difficulties suffered by you.
THE FIRST STEP IS TO SERVE A NOTICE under section 164 of MCS act 1960. Sec 164 says, “No suit shall be instituted against a society, or any of its officers, in respect of any act touching the business of the society, until the expiration of two months next after notice in writing has been delivered to the Registrar or left at his office, stating the cause of action, the name, description and place of residence of the plaintiff and the relief which he claims, and the plaint shall contain a statement that such notice has been so delivered or left.” With luck, this notice may itself subdue the managing committee, causing them to give you the necessary documents.
IN CASE THIS DOES NOT HAPPEN, proceed with litigation in Consumer Court. Don’t engage an expensive lawyer. If you have time and knowledge, appear as party-in-person and argue your own case. This will be an economical and effective solution, and also a learning experience for you. Download readymade format of Complaint before Consumer Court: http://tinyurl.com/Consumer-Complaint-format
WHERE TO FILE? Jurisdictions and addresses of Consumer Courts in Mumbai, Navi Mumbai & Thane: http://tinyurl.com/Mumbai-Consumer-Courts
