Settlement of Disputes Including Recovery of Dues
Settlement of Disputes Including Recovery of Dues
Housing Society
CA Pankaj Majithia
men veeJeJeleg ~
men veew Yegvekeleg ~
men Jeere kejJeeJenw ~
lespeeqmJe veeJeOeerlecemleg cee efJeef<eeJenw ~
Meeefvle Meeefvle Meeefvle ~~
Being a irm believer in our vedic culture, I have
always considered co-operative movements
having roots from this vedic shloka, which
was taught to us as morning prayer during our
school days which imbibes co-operative spirit in
true sense by praying that Let us together (-saha)
be protected (-na vavatu) and let us together be
nourished (-bhunaktu) by God's blessings. Let
us together join our mental forces in strength
(-veeryam) for the beneit of humanity (-karvaa
vahai). Let our efforts at learning be luminous
(-tejasvi) and filled with joy, and endowed
with the force of purpose (-vadhita mastu).
Let us never (-maa) be poisoned (-vishaa) with
the seeds of hatred for anyone. Let there be
peace and serenity (-shaantih) in all the three
universes.
In recent past also if we try to ind torch bearers
of co-operative movement, without clearly
defining in legal terms, we had Mahatma
Gandhiji, Vinobaji, Jaiprakash Narayanji, Baba
Amteji, Anna Hazareji & each saintly persons
like Pandurang Shashtrys Swadhyay movement
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2.
Recovery of Dues/Procedure
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3.
Committee powers
4.
Disputes
Disputes can be of any nature, some of which are
enumerated here below:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Nomination procedure
11.
Redressal Process
It is also said that whenever problems are there,
there are bound to be solutions. Some of them
are through mutual discussions or through third
party interventions like arbitration or through
Judiciary.
It has been specifically provided in the new
bye-laws that every application made to the
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Parking
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Additional Measures/Restriction
Section 95 of Maharashtra Co-operative Societies Act, 1960
Attachment before award or orders and
interlocutory orders:- (1) Where a dispute has
been referred to the Co-operative Court under
sections 93 or 105 or whether the Registrar
or the person authorised under section 88
(hereinafter in this section referred to as "the
authorised person") hears a person against
whom charges are framed under that section
and the Co-operative Court or the Registrar or
the authorised person, as the case may be, is
satisfied on inquiry or otherwise that a party
to such dispute or the person against whom
proceedings are pending under section 88, with
intent to defeat, delay or obstruct the execution
of any award or the carrying out of any order
that may be made,
(a)
(b)
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Leakage problems
As per the new Bye-Laws it is specifically
mentioned that internal leakage will be the
responsibility of the members. However if the
leakage is from terrace or from outside wall it
will be responsibility of the society to have it
repaired as part of major repair from the repair
fund or from additional contribution from all the
members on the pro rata basis of area occupation.
Solution for solving leakage problem:
File police complaint.
Mandatory injunction against him/her for
carrying out the repairs to the seepage or ile a
civil suit for injunction and obtain stay order
Claim for damages to be ascertained by
competent engineer at some later stage.
For quick response file a petition u/s 133
Criminal Procedure Code in the court of local
2nd Class Magistrate
General misappropriation/Frauds
To prevent fraud, members should meet ofice
bearers at least once in three months for informal
discussions on society matters and ask for
explanations.
Once the audit is done the members can appoint
outside chartered accountant to scrutinise the
audited accounts if they feel that there is any
misappropriation.
Whenever fraud has occurred in the affairs of
the society then a minimum of 1/3rd members
can complaint in writing to Deputy Registrar of
Co-operative Department u/s 83 of MCS Act,
1960, for investigation and recovery of losses
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Nonoccupancy charges
As per Notification of 1st August, 2001, no
non occupancy charges should be recovered if
member has given his flat to nearby relative/
family members. In other cases they can levy
@10% of the service charges only and not on
total maintenance bill.
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Non-formation of Co-operative
Society by the builder
If the builder is non-operative in the matter
of formation of a Co-operative Society, he is
committing an offence under the Maharashtra
Ownership Flats Act of 1963. He can be
preceded in a Criminal Court of Law. The flat
purchasers cannot however make a complaint
against the builder before the Registrar of Cooperative Societies or a Co-operative Court. A
Co-operative will have jurisdiction only after
the Society is registered and not before. The
Bombay High Court has given an order to the
Registrar of Co-operative Societies to register a
Co-operative Society in spite of non co-operation
from the builder.
&
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Appeals
Under Maharashtra Co-operative Societies Act,
1960, there are two independent forums;
1.
2.
Conclusion
Though there are number of avenues available
for redressal of disputes inter se society &
members, must successful and less time
consuming and cost effective is though
conciliation method only by persuasion by
small compromise etc. It is experience of almost
everybody that most of time dispute arises
on ego clash mode rather than on technical/
inancial grounds where discussion & persuasion
is more helpful than any other methods.
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