Storage of junk furniture in the passage by a resident
H K Varma
(Querist) 02 March 2012
This query is : Resolved
Storage of junk furniture ( Shoe rack) in the gangway by a resident . Is it permissible under the housing society laws.
ajay sethi
(Expert) 02 March 2012
no . pass resolution in mangaing committee asking members not to store furniture in passage . or in AGM place item on agenda .
have resolution passed .
H K Varma
(Querist) 02 March 2012
This has been done , but the office bearers also are doing this which is encouraging others to do the same.
Dear Mr Ajay , what is the solution then . Can u advice pl.
Thanks
ajay sethi
(Expert) 02 March 2012
well was any resolution passed for impostion of penalty in case furniture stored in passage?
H K Varma
(Querist) 02 March 2012
No , not exactly . Only a circular was issued to this effect , but as the office bearers are them self not abiding, others get encouragement. Is it possible to stop these errant neighbors from keeping these shoe rack - junk furniture in the passage.
H K Varma
(Querist) 02 March 2012
How do we stop this pl
ajay sethi
(Expert) 02 March 2012
well raise the issue in AGM . what is the majority view?
H K Varma
(Querist) 02 March 2012
There is only shouting and new circular but no action. Can it be taken up with Registrar of societies.
H K Varma
(Querist) 02 March 2012
Awaiting ur advice .
Raj Kumar Makkad
(Expert) 02 March 2012
Not permissible but it depends upon adjustment of the residents.
ajay sethi
(Expert) 02 March 2012
seems society is not interested in taking action . try complaining to registrar
H K Varma
(Querist) 02 March 2012
Thanks
U r absolutely correct .The managing committee members them self flout the rules , how would they implement it. Can u briefly tell me the procedure for approaching Registrar of society and whether he would be able to implement it.
H K Varma
(Querist) 02 March 2012
Do u feel chances of getting these type of passage blocking is objectionable under the Registrar of Society and what are the chances of getting positive help from the Registrar of society considering the person is Ex-Mumbai police guy - now retired
prabhakar singh
(Expert) 04 March 2012
FOLLOW THESE STEPS:
First write to society asking action.Then ask in writing about action taken.
on their failure 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
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
Lastly, in case you donot 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:
(1) Send original complaints to each authority. Don’t send any letter as cc, as this dilutes the responsibility of both recipients.
(2) 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.
(3) 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. Take care your draft should not be emotional or messy.
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.”
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
POINTS TO BE TAKEN CARE OF:
CONSUMER COURT IS NOT A FORUM FOR RESOLVING DISPUTES. Therefore, don’t mention personal disputes. Your complaint must highlight various deficiencies of service, and negligence in rendering service, with documentary proofs for each allegation. Build up such documentation beforehand. Your case will be strong only if you establish that you wrote various letters, applications etc. requesting the managing committee by all lawful means to render you the legitimate services.
YOUR CASE MUST BE ABOUT THE “BUSINESS” OF COOPERATIVE HOUSING SOCIETIES. The scope of a Housing Society’s business is determined by the MCS Act, Rules and the registered bye-laws. It broadly covers membership & share transfer, maintenance & service charges, issues relating to proper conduct of general body and managing committee meeting, accounts & audit parameters, proper maintenance of building, providing a good living environment for all members, proper management and caution towards society funds such as repair funds and sinking funds, due diligence in case of engaging various contractors e.g. lift maintenance, civil works, repairs, and also building redevelopers, project management consultants, etc. As you are paying money towards monthly maintenance dues, sinking fund, repair fund, etc, you are a consumer who is aggrieved by the managing committee’s negligence in rendering services or deficiency in services rendered.
SERVE NOTICE & ALLOW SUFFICIENT TIME (15 DAYS) TO CORRECT THE DEFICIENCY. As per the provisions of the Consumer Act, we need to serve notice for the “Deficiency of service” on the Housing Society and give them adequate time to correct the deficiency of service.
CONSUMER PROTECTION ACT IS NOT CONCERNED WITH OTHER LAWS. It is applicable “notwithstanding anything in any other laws”, which includes the MCS Act (section 164 or whatever). It is “over and above” all the laws of the country as long as the law is appropriately invoked by a Consumer within the limitation of time i.e. within 24 months from the date of grievance arising.
THIS IS “ADDITIONAL REMEDY” AND NOT “ALTERNATIVE REMEDY”. You may file for your grievances in the Co-operative Court as well as Consumer Court, and the orders of both will have to be honoured independently. Other court decisions / rulings are not binding on Consumer Court. The proceedings under a case in the Consumer Court cannot be stopped, even if a similar or same matter is pending before another court.
ONLY AGGRIEVED PARTY HAS RIGHT TO FILE CONSUMER COMPLAINT. As against this, subject to certain parameters, a third party may petition the Deputy Registrar / Cooperative court, to initiate suo moto proceedings for violations of MCS Act.
CASE IS AGAINST HOUSING SOCIETY, AND NOT AGAINST INDIVIDUALS. In both Consumer Court and Cooperative Court, complaints and cases may be filed against the CHS. You cannot target individual managing committee members, as you would do in criminal proceedings.
ALSO AS A LAST RESORT, YOU MAY FILE FIR OR PRIVATE COMPLAINT WITH MAGISTRATE against Individual member of the Managing Committee. Even if you have initiated proceedings in Cooperative Court and Consumer court, you may also initiate proceedings in Criminal Courts, if you have documentary evidence of nefarious activities such as misappropriation of funds, forgery of society records, duplicate share certificates, letting out the society property for mobile towers, advertisement hoardings etc. without the written consent of 75% members, rigged and manipulated elections, forged and back-dated M-20 Indemnity Bonds, refusal to transfer membership based on caste, creed, religion, assaulting members. This can be done without any permission / sanction from the Registrar of Co-operative Housing Societies, because it is against individuals, and not against the society.
YOU ARE ADVISED TO STUDY FOLLOWING LAW TO GET ELL VERSED FOR YOUR CAUSE :
(1) MCS Act 1960 — http://tinyurl.com/MCS-Act-1960
(2) Model Bye-Laws of Coop Housing Societies — http://tinyurl.com/Model-Bye-Laws-CHS
(3) RTI Act 2005 — http://tinyurl.com/Right-to-Info-Act-2005
(4) Maharashtra State RTI Rules — http://tinyurl.com/Maha-RTI-Rules
(With standard formats for RTI application, First Appeal & Second Appeal)
(5) Consumer Protection Act — http://ncdrc.nic.in/1_1.html
You can also consult Big Helpers Community www.bighelpers.org
H K Varma
(Querist) 06 March 2012
Thankyou Sir . Do u feel confident that this blocking of common passage by keeping dirty junk furniture will stop & is illegal.
