Penalty for non reply under co-op housing society act
Kshitij Shah
(Querist) 06 November 2013
This query is : Resolved
I live in Ahmedabad (Gujarat) in a co-operative housing society. We had asked detailed information related to one past transaction of document transfers to our managing committee for which they are not replying anything since so many months. I approached consumer forum for this and they wrote a letter and reminder. However, they are not replying to it. I want to know following :
1) Can I take this matter to consumer court for delay in service under Consumer Protection Act ?
2) Is there any defined penalty if Office bearers of the society do not respond in certain time limit ? If so, kindly what is the penalty and time limit ?
- Kshitij
Vidhi Joshi
(Expert) 06 November 2013
Write a reminder to society in case they again fail to provide any needed information, take matter to Registrar.
Kshitij Shah
(Querist) 06 November 2013
Dear Sir,
Can you pls guide me for the 2 questions that I raised ?
Rgds,
Kshitij
V R SHROFF
(Expert) 06 November 2013
APPROACH aSST rEGISTRAR CO-OP
Vidhi Joshi
(Expert) 06 November 2013
1) this matter is to be raised before Co-operative registrar and not before consumer forum.
2) Kindly refer Gujrat Cooperative Societies Act, 1961 for provision on penalty.
Kshitij Shah
(Querist) 06 November 2013
Dear Sir,
Housing is covered under Consumer Protection Act. I read one article on following link.
http://afternoondc.in/property-interior/even-aggrieved-members-of-a-cooperative-housing-society-can-move-consumer-forum-for-redressal/article_48036
Pls check and let me know your views.
Kshitij Shah
(Querist) 06 November 2013
I am more interested to take this matter to Consumer court since my problem is more related to deficiency in service.
Kshitij Shah
(Querist) 06 November 2013
Dear Sir,
I did not find any specific information in Gujarat Housing Societies Act. Also I am not a legal expert. So seeking advice.
Also waiting for the feed back on its coverage under CPA.
V R SHROFF
(Expert) 06 November 2013
u r advised to go to Registrar. It is Adm lapse.
as it seems u have not incurred any monetary loss.
Vidhi Joshi
(Expert) 06 November 2013
though the link provided by you is informative but it states that you can approach consumer forum if you don't get relief from Registrar, and apart from that its really difficult for you to prove that managing committee can be liable for deficiency of service under CPA,other experts views solicited.
Kshitij Shah
(Querist) 06 November 2013
Sir,
1) CPA not only for monetary loss. It also covers in its scope mental harassment that consumer suffered.
2) Admin is also one kind of Service. Isn't it ?
3)Co-Opeartive Housing Society and Consumer protection act both are different acts. So it can not be said that if a person do not get solution from one Act then he can apply under another Act. That's what my understanding is.
Thyagarajan
(Expert) 06 November 2013
Co-operative societies are not service providers under CP Act Approaching Registrar with facts of the case is good course for you.
Kshitij Shah
(Querist) 06 November 2013
Dear Thyagarajan Sir,
I hope you have gone through the web link I have provided in this thread wherein our Supreme Court has given the judgement that Co-Operative Societies are covered under Service Provider.
If any one can advice based on reference of Act, Rules and Historical cases then it will be of much helpful instead of just responding.
The way I gave example of the case if you have anything to present here which says it is not covered then it makes more sense.
Kishor Mehta
(Expert) 06 November 2013
Sir,
With due respect to the Experts,
The Consumer Protection Act, 1986 very clearly stated that one can be termed a consumer in the following circumstances:
A consumer complaint may be entertained under the following circumstances:
[1] The article purchased by a consumer is defective,
[2] If the services availed of by a consumer suffer from any deficiency.
[3] When the price paid by a consumer is in excess of the price displayed on the goods or when the price is in excess of the price fixed under any law in force.
[4] Goods, which will be hazardous to life and safety, when used, are being offered for sale to the public in contravention of the provisions of any law.
As I understand you query, none of these apply to you, hence the Consumer Disputes Redressal Forum may not entertain your complaint.
I agree that a Society is a service provider to a certain extent, in as far as the maintenance and other services are concerned, and is covered under CPA to that extent only.
In this instance, as I understand the matter, you need some information from the Managing Committee which has no relation to any services rendered to the members of the society. The best recourse for you would be to file an RTI before the sub-registrar of the CHS [as he is the appropriate authority in the matter],and I am sure your query will be solved.
Good Luck,
Kishor Mehta
Kshitij Shah
(Querist) 06 November 2013
Dear Kishor Sir,
I appreciate your to the point answer that is very well elaborated. Pls oblige me by answering below questions also :
=> We pay Administration charges to the society. And if we pay for any Goods / services then we become consumer. ["Administration" must be covering timely reply to the member.]
As a consumer of services provided by a co-operative housing society, we are covered by the Consumer Protection Act in matters concerning the “business” of the society. Failure to give us necessary documents is a “deficiency in service”, [as per point no. 2 of your reply]and so can approach the Consumer Court and pray for reliefs i.e. copies of documents, and compensation for difficulties suffered by us.
Thyagarajan
(Expert) 07 November 2013
If filing staff of the Consumer disputes redressal Forums get doubts over admission of your complaint they pass it to the judge who give you a chance to express your case in open court before giving notice to opposite parties.
If you can prove you are consumer and the society is service provider which some of us feel doubtful on certain points,the judge will only be too pleased to take your case to file and order notice to opposite party.
It will be only one day affair.
Try this route
V R SHROFF
(Expert) 07 November 2013
GO TO REGISTRAR.....
BYE
HONORARY SERVICE PROVIDED BY MG COMM MEMBER,[FREE] NOT LIABLE FOR PENALTY .
CPA: TRY UR LUCK, ONLY ONE DAY JOB ..AS SUGGESTED....
Kshitij Shah
(Querist) 07 November 2013
Thanks everyone for your value able guidance.
Dr J C Vashista
(Expert) 07 November 2013
Mr. Shah,
The CGHS are governed by Cooperative Socities Act, Rules (State) and Bye-Laws adoped by the society.
Consumer Protection Act (Central Act) provides relief to a consumer (who has paid for the goods/services) against specific deficiency in service or monopolistic restirictive practice as explained by experts.
Accordigly both Acts are different.
In your case the in-action of MC of the CGHS do not fall under the provisions of CPA but Gujrat Cooperative Societies Act, where Registrar is the authority. however,if not satisfied/aggrieved his decision can be challanged before (State) Cooperative Socities Tribunal or The Governer (as provided in the Act)followed by a writ petition before High Court.
Kshitij Shah
(Querist) 07 November 2013
Dear Vashista Sir,
Today morning I gone through the whole CPA.
2(d) "consumer" means any person who—
(ii) hires or avails of any services for a consideration which has been paid ....
2(C) "complaint" means any allegation in writing made by a complain¬ant that
(iii) the services hired or availed of or agreed to be hired or availed of by him suffer from deficiency in any respect;
2(e) "consumer dispute" means a dispute where the person against whom a complaint has been made, denies or disputes the allega¬tions contained in the complaint
2(m) "person" includes,—
(i) a firm whether registered or not;
(ii) a Hindu undivided family;
(iii) a co-operative society;
(iv) every other association of persons whether registered under the Societies Registration Act, 1860 (21 of 1860) or not;
2(o) "service" means service of any description which is made avail¬able to potential users and includes, but not limited to, the provision of facilities in connection with banking, financing insurance, transport, processing, supply of electrical or other energy, board or lodging or both, housing construction, entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service.
As said earlier we are paying regular maintenance and administration charges. And if service by replying to the business affairs is not given then as per above criteria I was thinking to take this matter to consumer court.
Also as per CPA :
3. Act not in derogation of any other law.—The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force.
Thus CPA is additional tool which can also be used.
Anyways, since almost all the experts are of the opinion that I should take up this matter under Co Op Housing societies Act, I will do accordingly.
Kshitij Shah
(Querist) 07 November 2013
Can any body tell me or Is there any website where we can find the address of the District Registrar of CHS Ahmedabad ? I tried to search on the net but could not find.
ajay sethi
(Expert) 07 November 2013
district Registrar , cooperative societies
C/O Krishi Bhavan, Nr Jhaveri Hall, Paldi, Ahmedabad - 380007
(079) 26583949
the said information is available on just dial
Thyagarajan
(Expert) 07 November 2013
If bye-laws of your housing society provides for periodical monthly meeting of management committee you can participate and raise the issue and ensure the minutes of meeting reflects result of action on the issue.
If it does not it is against bye-laws and you can bring this to notice of Registrar of Societies of your region.
V R SHROFF
(Expert) 07 November 2013
District Registrar Of Co Operative Society (079) 26583949 Paldi, Ahmedabad - 380007
go paldi ahm, will get it
jd + internet google for address ph no. timings of office.
