Nitin Rane
I am a resident of Titwala East. I am facing serious issues with committee members. However, they are not cooperating band and they do not want to communicate. Few of the issues are mentioned below.
1.In 2013, for almost 8 months they denied my maintenance by cheque and were insisting on cash payment. I never paid cash this period and even written to them asking for the logic. I got completely irrelevant response to my letter. After another communication, they agreed for cheque receipt and also charged me late payment for these 8 months when they were only insisting cash. I have asked refund of this money. But there is no response.
2.They do not accept my applications wherein I have raised many point including wrong minutes notes by them in the book.
3.They are making it compulsory for every member to contribute to social functions like Puja, Ganesh Utsav. They do not accept maintenance if these dues are pending. They also do not issue receipt of these collection to its members.
4.There are n numbers of letters which I tried to submit to society which they are not accepting. The letters sent by register ad returned undelivered.
5.Since I have moved to Bhaynder, I requested them to share bank details of society account so that I don’t have to send physical copy of cheque/cash to their office. The details are not shared yet.
6.I have also requested them to share copies of audited accounts, minutes books. Its not yet shared.
There is complete non-cooperation. Initially I decided to go approach them through letters and call. However their response was pathetic. They are acting as pure collection agent and think no one can do any harm to their position irrespective of their bahaviour.
I now would like to take this up at higher level. Request your help in this. I want to make them realize that they just cannot taken their members for granted. Being on the committee, they need to fulfill their basic duties.
I C Naik
RESPONSE
UNPLEASANT FACTS WHICH HAS AGITATED A HOUSING SOCIETY MEMBER TO CONFRONT THE COMMITTEE :
Nitin Rane is from Titwala East Kalyan Maharashtra is a harassed co-operator and he blames squarely his committee members. He has recently moved his residence out to Bhaynder another place in the same district of Maharashtra but continues to be a member of the Titwala Society.
1.His society’s managing committee was wrongfully demanding cash payment of maintenance bills in lieu of payment by cheque for 8 months in the year 2013 After conceding for the committee demanded interest for delayed payment. He has rightly resisted but having paid off as a well-meaning cooperator he claimed refund in vain.
2.The committee refused to accept genuine complaints he made in writing. The letters sent by register ad returned undelivered
3.The committee forces every members to contribute to social functions like Puja, Ganesh Utsav and refuses to accept payments of society dues unless these unlawful payments are first made for which no receipts are issued.
4.The committee refuses to furnish bank account details to which he could pay maintenance by net banking.
5.The committee refused to provide copies of audited accounts, minutes books being a statutory right of every member under Section 32 of the M C S Act 1960.
His experience of the managing committee is that they behave in an irresponsible manner taking members for granted. He has made up his mind to make members of the Committee realize that they just cannot take their members for granted and has sought help of www.indiancooperative.com
ADVICE
GENERAL
Normally formal litigations against the Committee are not advocated as housing societies are managed by members voluntarily accepting the onus. At times the members on the Committee under influence of the Politicians starts behaving autocratic manner loosing sight of a very important international co-operative principle namely Men and women serving as elected representatives are accountable to the membership.
This happens in most cases when the membership at large is indifferent to the management of the affairs of their housing societies forgetting other principle that “Co-operatives are democratic organisations controlled by their members, who actively participate in setting their policies and making decisions”
The situation Nitin Rane is facing is “His housing society is not controlled by the members, as they are indifferent to participate in setting their policies and making decisions”
So ideally the Committee must be made to realize that there are at least 1/5 th members who are active and are willing to participate in setting their policies and making decisions. Magic 1/5 number is ine cut off number to force the Committee to take up agenda in the special general body meeting they can requisition.
SPECIFIC TO INDIVIDUAL MEMBER LIKE NITIN
Having made up mind to take on to unfair management practices pursued by the Committee in larger interest an individual grievance list can be used to set an example and it could be more specific also. Few more members can be persuaded by Nitin (having similar grievances) to make a joint effort it will surely fetch faster results.
Who are the higher ups?
Remedy built in to Bye-Law No 173-175 (2001/2009 Model Bye-Laws )(could be used by members of housing societies having registered Bye-Laws as per 1984 Model) [Chapter XVIII REDRESSAL OF COMPALINTS] should first be resorted to.
1.As a first step make a written complaint covering all issues in clear words to the Committee by delivering it t any member of the Committee. Send by RPAD and keep proof if returned undelivered.
2.Give about a month (on a higher side) and then try to identify appropriate authority depending on the grievance out of –
a.REGISTRAR
b.CO-OPERATIVE COURT
c.CIVIL COURT
d.CORPORATIONAL/LOCAL AUTHORITY
e.POLICE
f.GENERAL BODY
g.FEDERATION
3.Your complaints can be identified to following
a.Non-Acceptance of Cheques, Net Banking and Complaints
[Registrar item no i] Non acceptance of the chequesor any other correspondence by the committee.
b.Non Supply of Accounts etc
[Registrar item no g] Non supply of copies of record and documents
c.Demand of delayed penal interest and Religious activity contribution
[Cooperative Court item g.] Excess Recovery of Dues from the members
d.For forcing collections for religious activities and not giving receipts for cash payments are criminal offences and can be complined to the Police under following item namely
[Police Item b. Threatening/Assault by or to the members of the society
e.You can simultaneously move Consumer Protection Court for all these complaints as they represent deficiency in service by the Society to its members.