Redressal Process of Member Complaints
A cooperative housing society promotes transparency as one of its core values; hence, communication processes are intertwined in its functioning. The what, how, when, and where of the communication are defined well. But these requirements are set in one way, flowing from the society to its members.
While society members must be familiar with mandatory communication coming from the society, they must also be aware of how to communicate their voice to the society. In this article, we will see the primitive steps and escalation points in which a member can communicate with the society and convey everything from minor inconveniences to serious complaints.
Step 1: Written Complaint to Managing Committee
A person’s primary instinct in resolving any concerns and conflicts is through verbal communication. But if the complaint is not resolved through initial efforts, then written communication becomes essential.
Accordingly, for society members, the first step in raising their concerns is to present them in writing to any of the society office bearers, i.e. the managing committee members.
Once the committee receives an official written complaint, it is mandatory for them to place the received complaint in their next Managing Committee Meeting. In the meeting, the committee must discuss and take a decision on the concern raised in the complaint. Whatever the committee decides is communicated to the complainant, i.e. the society member within 15 days of the complaint date.
Step 2: Escalation of Complaint
If the committee fails to communicate a decision within 15 days, the member can escalate the complaint. This can be escalated to the Registrar, Co-operative Court, Civil Court, Municipal Corporation/Local Authority, Police, General Body Meeting, or District/ State Federation. The member can also escalate the complaint if they are not satisfied with the committee’s decision on the complaint raised.
The escalation authority varies according to the complaint matter as described in Bye-Law No. 174. Each authority caters to a specified basket of topics and they will act on complaints only related to those topics. So what is this bifurcation of topics? Let’s have a look!
GENERAL BODY MEETING
General Body comprises of all the society members and hence can cater to internal complaints around society management. These need to be put up during any of the general body meetings. The complaints are usually related to:
- Non-maintenance of the society property by the Managing Committee
- Non-display of Board for the society name
- Levy of Excess Fine, by the Managing Committee on a member for an act that is in violation of the Bye-laws
- Not allowing the authenticated use of society’s available open spaces, by the Managing Committee
- Non-insuring the property of the Society, by the Managing Committee
- Architect Appointment
- All other matters that fall within General Body’s jurisdiction
THE REGISTRAR
The Registrar is an immediate overlooking authority for cooperative society management. So, a complaint against inefficient, inadequate, incompetent, non-compliant society working is escalated to the respective ward Registrar. The complaint topics have been grouped based on themes for better comprehension.
Little to no cooperation from managing committee:
- Non-issuance of Share Certificates
- Refusal of Membership
- Non-registration of Nomination by the society
- Rejection of Nomination
- Non-supply of copies of Records & Documents
- Non-acceptance of Cheques or any other Correspondence by the committee
- Tampering, suppression, and destruction of Society Records
- Problems in Classification as Active and Non-Active Members
Missed or incomplete compliances by managing committee:
- Non-maintenance or incomplete Maintenance of Records & Books of the Society
- Non-preparation of Annual Accounts/Reports, within the prescribed period
- Concerns related to Audit, Audit Rectification reports
- Non-conduction of Election before term expiry of the Committee as per law
- Non-convening of General Body Meetings within the prescribed period on or before 30th September of every year
- Non-calling of Managing Committee Meeting as prescribed in Bye-laws
- Non-filling of Returns and Statements
- Society Registration on Misrepresentation
- Defaulter/Disqualified Member on the committee
- Resignation by the Committee
- Non Occupancy charges levied
- Demand of Excess Premium for Transfers
- Misappropriation/Misapplication of the Funds of the Society
- Investment of Funds without prior permission of General Body Meeting
- Concerns related to the Reconciliation of Accounts
Other matters that fall within Registrar’s jurisdiction
THE CO-OPERATIVE COURT
Under the provision of the Maharashtra State Co-operative Societies Act, 1960, the co-operative judiciary was constituted as a separate wing of the state judiciary. A total of 25 Co-operative Courts in Maharashtra deal with disputes covered under section 91 of The MCS Act, 1960. Broadly the disputes between society and its members regarding the constitution, committee election, general meetings conduct, and society management or business are referred under section 91 to the cooperative courts. Some key examples are problems related to:
- Resolutions passed by the Managing Committee & General Body
- Managing Committee Elections, except nomination rejections (as provided under section 152-A of the MCS Act 1960)
- Repairs, including Major Repairs, Internal Repairs, Leakages
- Parking
- Flats/Plots Allotment
- Construction Cost Escalation
- Appointment of Developer/Contractor, Architect
- Unequal Water Supply
- Excess Recovery of dues from the Members
- Other disputes that fall within Co-operative Court’s jurisdiction
THE CIVIL COURT
Civil Court deals with cases that involve conflicts between people or institutions, more often than not over money. By extension, the complaints that can be escalated to a Civil Court are related to:
- Non-compliance with the terms & conditions of the Agreement, by and between the Builder/developer
- Substandard Constructions
- Conveyance Deed in favor of the Society
- Construction Cost Escalation
- Other disputes that fall within Civil Court’s jurisdiction
MUNICIPAL CORPORATION / LOCAL AUTHORITY
A Municipal Corporation is a local body instituted for self-governance and administers local areas such as villages, towns, or cities. This authority caters to complaints that are related to:
- Unauthorized Constructions / Additions / Alterations, made by the builder / member / occupant of the flat
- Inadequate Water Supply to the Society and Members
- Change of Use by the members / occupants
- Structural Issues of the building
- Other matters that fall within Corporation’s / Local Authority’s jurisdiction such as property tax, streetlights, garbage, other civil amenities, etc.
POLICE
Complaints escalated to the police could include the ones related to:
- Nuisance carried by the unauthorized user of the flat/ shop/ parking slot/ open space in the society, by the members, builder, occupants or any other persons
- Threatening/Assault by or to the Members of the society and official body
DISTRICT / STATE FEDERATION
- Not allowing entry to the Secretary of the society, by a member
- Non-acceptance of any communication by the member/managing committee
- Convening Special General Body Meeting & Managing Committee meeting as per the directions given by concerned District/Asst Registrars
- All other matters as per the provision of the Byelaws Federation
