Model Bye–Laws of Cooperative Housing Society

XIX. REDRESSAL OF MEMBERS COMPAINTS (Bye Law No 172, 173 and 174)

Bye Law No 172. Complaint application to be submitted to the Society

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

Bye Law No 173. Committee's action on the Complaint Application

After receipt of such, complaint application, the committee shall take decision thereof, in the immediate next Managing Committee meeting. Such decision shall be communicated to the concerned Member, within 15 days thereafter.

Bye Law No 174. If the action is not taken within stipulated period by the society then to whom the complaint to be made

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, the complainant Member may approach below mentioned Competent Authority.

Bye Law No 174(a) THE REGISTRAR

i. Complaints to be made to the Registrar. Matters pertaining to following issues :-
ii. Registration of Society on Misrepresentation
iii. Non-issuance of the Share Certificates
iv. Refusal of Membership
v. Non registration of Nomination by the Society
vi. Non Occupancy charges
vii. Demand of excess premium for transfers
viii. Non supply of the copies of record and documents
ix. Tampering, suppression and destruction of the records of the Society
x. Non acceptance of the cheques or any other correspondence by the committee
xi. Non maintenance or incomplete maintenance of records and books of the Society
xii. Non preparation of the annual accounts/reports, within the prescribed period
xiii. Misappropriation/ Misapplication of the Funds of the Society
xiv. Defaulter/Disqualified Member on the committee
xv. Investment of Funds without prior permission of G.B.M.
xvi. Reconciliation of Accounts
xvii. Audit, Audit Rectification reports
xviii. Non conducting of election before expiry of the term of the Committee as per law
xix. Rejection of Nomination
xx. Non convening of General Body meetings within prescribed period on or before 30th September of each year
xxi. Non calling of Managing Committee meeting as prescribed in Bye-laws
xxii. Resignation by the Committee
xxiii. Any other like matters which falls within jurisdiction of the Registrar
xxiv. Non filling of Returns and statements
xxv. Classification as Active and Non-Active Members

Bye Law No 174(b) CO-OPERATIVE COURT

Disputes between the Members and/or the Members and Society, which falls under Section 91 of the MCS Act 1960 such as:-
Disputes pertaining to:-

i. Resolutions of the Managing Committee and General Body
ii. The elections of the Managing Committee, except the Rejection of Nominations, as provided under section 152-A of the MCS Act 1960
iii. Repairs, including Major Repairs, Internal Repairs, Leakages
iv. Parking
v. Allotment of Flats/Plots
vi. Escalation of Construction Cost
vii. Appointment of Developer/Contractor, Architect
viii. Unequal water-supply
ix. Excess recovery of dues from the Members
x. Any other, like, disputes which fall within jurisdiction of the Co-operative Court

Bye Law No 174(c) CIVIL COURT

Disputes pertaining to :-
i. Noncompliance of the terms and conditions of the Agreement, by and between the Builder/developer, (specific performance)
ii. Substandard Constructions
iii. Conveyance Deed in favour of the Society,
iv. Escalation of construction cost,
v. Any other, like, disputes which fall within jurisdiction of the Civil Court.

Bye Law No 174(d) MUNICIPAL CORPORATION/LOCAL AUTHORITY

Matters pertaining to:-
i. Unauthorized constructions/additions/alterations, made by builder/Member/ occupant of the flat
ii. Inadequate Water supply to the Society and Members
iii. Change of use by the Members/occupants
iv. Building's structural problems
v. Any other, like, matters which fall within jurisdiction of the Corporation/local authority for eg. Property tax, streetlights, garbage, and other civil amenities etc

Bye Law No 174(e) POLICE

Matters pertaining to:-
i. Nuisance carried by the Unauthorised user of the Flat / Shop / Parking slot / Open space in the Society, by the Members, builder, occupants or any other persons,
ii. Threatening / Assault by or to the Members of the Society and official body.
iii. Any other like matters which fall within jurisdiction of the Police.

Bye Law No 174(f) GENERAL BODY MEETING

Matters pertaining to:-
i. Non maintenance of the property of the Society by the Managing Committee
ii. Non display of Board of the name of the Society
iii. Levy of excess Fine, by the Managing Committee for act of the Member which is in violation of the Bye-laws
iv. Not allowing the authenticated use of the available open spaces of the Society, by the Managing Committee
v. Non Insuring the property of the Society, by the Managing Committee
vi. Appointment of Architect
vii. All other like matters which fall within jurisdiction of the General Body

Bye Law No 174(g) FEDERATION -DISTRICT / STATE

Matters pertaining to:-
i. Not allowing of the entry to the Secretary of the Society, by the Member
ii. Non acceptance of any communication by the Member/ Managing Committee
iii. Convening Special General Body Meeting provided under the Bye-law no. 96 and Managing Committee meeting provided under Bye-law no. 132. As per the directions given by concern Dist/Asst Registrars
iv. All other like matters as per the Byelaws provision of the federation
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