Redressal of the Complaints

   25-05-2019 -       UMESHCHANDRA YADAV -       no comment.

Share this Article

1. What complaints can be made to the Police?

Ans: Complaints can be made to the Police relating to matters pertaining to: a) Nuisance carried by the unauthorized use of the Flat/Shop/Parking Space/open space in the society, by the members, builder, occupants or any other persons; b) Threatening/Assault by or to the members of the society; c ) Any other like matters which falls within jurisdiction of the Police.

2. What is the remedy if the Member/Members are not satisfied by the decision of the Committee or does not receive any communication from the Committee?

Ans: If the Member/Members are not satisfied by the decision of the Committee, or does not receive any communication from the committee within 15 days, then he / they may make complaint to the Advisory Committee constituted by the General Body of the society. The formation and powers of such Committee is decided by the General Body. If the concerned member is not even satisfied with the decision given by such Advisory Committee, then as per the nature of the complaint, the complainant member can approach the below mentioned authorised officers: a. Registrar; b. Co-operative Court; c . Civil Court; d. Corporation/Local Authority; e. Police; f. General Body.

3. What complaints can be made to the General Body?

Ans: Complaints can be made to the General Body relating to matters pertaining to: a) Non maintenance of the property of the society by the managing committee; b) Non display of board of the name of the Society; c ) Levy of excess Fine, by the Managing Committee for act of the member which is in violation of the bye-laws; d) Not allowing the authenticated use of the available open spaces of the society by the managing committee; e) Non insuring the property of the society, by the Managing Committee; f) Appointment of Architect; g) All other, like matters which falls within jurisdiction of the General Body.

4. What complaints can be made to the Registrar?

Ans: Complaints can be made to the Registrar relating to the matters pertaining to the following issues: a) Registration of Society on misrepresentation; b) Non-issuance of the Share Certificates; c) Refusal of Membership; d) Non registration of nomination by the society;
e) Non Occupancy charges; f) Demand of excess premium for transfers; g) Non supply of copies of the record and documents; h) Tampering, suppression and destruction of the records of the Society; i) Non acceptance of the cheques or any other correspondence by the Committee;
j) Non maintenance or incomplete maintenance of records and books of the society; k) Non preparation of the annual accounts/reports, within the prescribed period; l) Misappropriation/Misapplication of the funds of the society; m) Defaulter/Disqualified member on the Committee; n) Investment of Funds without prior permission; o) Reconciliation of Accounts; p) Audit; q) Non conducting of election before expiry of the term of the Committee; r) Rejection of Nomination; s ) Non calling of General Body Meetings within prescribed period; t) Non calling of Managing Committee as prescribed in laws; u) Resignation of the Committee; v) Any other, like matters which falls within jurisdiction of the Registrar.

5. What complaints can be made to the Co-operative Court?

Ans: Complaints can be made to the Co-operative Court relating to disputes between the members and/or the members of the Society, which fall under Section 91 of the MCS Act, 1960 such as disputes pertaining to: a. Resolutions of the Managing Committee and General Body; b. The elections of the Managing Committee, except the rejection of nominations, as provided under Section 152-A of the MCS Act, 1960; c . Repairs, including major repairs internal repairs, leakages; d. Parking; e. Allotment of Flats; f. Escalation of construction cost; g. Appointment of Developer/Contractor, Architect; h. Unequal water-supply; i . Excess recovery of dues from the members; j . Any other, like disputes which falls within the jurisdiction of the Co-operative Court.

6. What complaints can be made to the Federation?

Ans: Complaints can be made to the Federation relating to matters pertaining to: a) Non allowing of the entry of the Secretary of the society, by the member; b) Non acceptance of any communication by the member/ managing committee; c ) Convening Special General Meeting provided under Bye-law No. 97 and managing committee meeting provided under the Bye-law No. 133; d) All other like matters.

7. What complaints can be made to the Civil Court?

Ans: Complaints can be made to the Civil Court relating to disputes pertaining to: a) Non-compliance of the terms and conditions of the agreement, by and between the Builder/Developer; b) Substandard constructions; c ) Conveyance; d) Escalation of Construction cost; e) Any other, like disputes which fall within jurisdiction of the Civil Court.

8. To who can the complaint applications is submitted?

Ans: The Member/Members can submit their complaint application to any of the Office bearers of the Society, in writing, giving thereby the details of the complaint.

9. Within what period does the Committee have to give a reply on the member’s complaint application?

Ans: After receiving a complaint application from a member, the Committee has to take a decision thereof, in the coming Managing Committee Meeting. Such decision taken by the Committee has to be communicated to the concerned member, within 15 days thereafter.

10. What complaints can be made to the Corporation/Local Authority?

Ans: Complaints can be made to the Corporation/Local Authority relating to Matters pertaining to: a) Unauthorized constructions/addition/alterations, made by the builder/member /occupant of the flat; b) Inadequate Water supply to the society; c ) Change of use by the member/occupants; d) Building’s structural problems; e) Any other, like matters which falls within jurisdiction of the Corporation / Local authority.


Share this Article

Leave a Reply

Your email address will not be published. Required fields are marked *