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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