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K VIJAY RAO (former Vice Chairman of Softpro Systems Ltd)     29 August 2011

Rights of members of a society

THERE ARE TWO CLARIFICATIONS SOUGHT  FOR THE FOLLOWING QUESTIONS on a property in Mumbai under the Co-operative Societies Act, Maharashtra 1961:

  1. For over 5-10 years if a member of the society has been complaining to the society management team- the President, Secy etc on the need to correct leakages coming from above and incurring expenses each year to put white cement and repaint his area on assurances that the leakage will  be done by the society shortly, Can he take the step of getting it corrected and deduct the costs incurred from his society dues in the coming few months unilaterally? If not what is the process for grevience redressal against the society who is callous about the repeated requests? 
  2. In such circumstances, can the member get redressal from the Cooperative housing society to get the issue resolved. What will be the process?
  3. It is natural for people staying in the Cooperative housing society in Mumbai to make irresponsible decisions that favours them due to brute force. If a person is posted out ,or otherwise, after having lived for over 10 years or so, can the society gangup to force the person to pay Non-occupancy charges decided by them over and above the society charges - even though he is paying the regular maintenance and society charges which directly benifits only the residents staying on the premises?


Learning

 3 Replies

ajay sethi (lawyer)     29 August 2011

if you have made complaints to society and they have failed to redress grievances you ought to have raised issue in AGM that inspite of reminders no action is being taken .

secondly you cna lodge a complaint with registarar of cooperative socities .

thirdly issue legal notice to society and move coopeartive court .

if you have given your flat on rent society is justified in charging non occupancy charges . if you ahve not given your flat on rent but is locked no non occupancy charges cna be levied

Jay Salunkhe (Process Engg.)     29 August 2011

Hello Sir,

I want to share my problem with you, please provide me the appropriate solution so I can fight with my society.

 

I am having flat in Mumbai ( Ground Floor ) and I am facing problem with parking.Normally all the people from my building use to park bike infront of my flat window ( Eventhough that is not parking space ).Society members favours them because they are also doing the same thing so I just want to confirm that as I heard from one of my friend that, as per the rules builder shouldn't give parking space infront of anyones flat window and even my builder did the same thing but after some year chairman/ Secratory allow members to park their bike infront of my flat window..


So Please suggest me if Indian Law has some option to fight with my Society members for the same.My privacy get suffer due to this kind of parking infront of my flat window..

Can I make complaint in POLICE or in RTO about the parked vehicles in non-parking zone?? ( Any IND-constitution article for this issue, Any laws for CHS parking )..


I am expecting quick response because I will have to attend general body meeting of my society on next weekend..Please guide me ASAP..

If you have any documentation for such kind of law then you can send me mail on my below mentioned Email-ID..

 

Email to - jas_2686@yahoo.co.in

Thanks in advanced!! 

 

- Jay Salunkhe.


 

Jay Salunkhe (Process Engg.)     03 May 2012

Hello Sir,

 

I want to share my problem with you, please provide me the appropriate solution so I can fight with my society.

 

I am having flat in Mumbai ( Ground Floor ) and I am facing problem with parking.Normally all the people from my building use to park bike infront of my flat window ( Eventhough that is not parking space ).Society members favours them because they are also doing the same thing so I just want to confirm that as I heard from one of my friend that, as per the rules builder shouldn't give parking space infront of anyones flat window and even my builder did the same thing but after some year chairman/ Secratory allow members to park their bike infront of my flat window..


So Please suggest me if Indian Law has some option to fight with my Society members for the same.My privacy get suffer due to this kind of parking infront of my flat window..

Can I make complaint in POLICE or in RTO about the parked vehicles in non-parking zone?? ( Any IND-constitution article for this issue, Any laws for CHS parking )..


I am expecting quick response because I will have to attend general body meeting of my society on next weekend..Please guide me ASAP..

If you have any documentation for such kind of law then you can send me mail on my below mentioned Email-ID..

 

Key points -

1. This kind of parking vehicle in front of my window, its Impacting my privacy

2. The space infront of my window is a common space & its not allocated for parking..

 

Email to - jas_2686@yahoo.co.in

Thanks in advanced!! 

 

- Jay.


 


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