Mumbai: Court order highlights arrogance by Cooperative Housing Society office-bearers

Mumbai: Court order highlights arrogance by Cooperative Housing Society office-bearers

The order pertaining to the Shantiniketan Air India Society at Versova was given on January 30 by the K-West deputy registrar, disqualifying and banning office bearers of the society from contesting elections for five years.

FPJ BureauUpdated: Thursday, February 23, 2023, 08:34 PM IST
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Know Your Rights: Cooperative Housing Societies; complaints disputes and resolution |

A recent order by one of the deputy registrars of cooperative societies has highlighted the high-handed approach of the managing committees of cooperative housing societies and the hostility faced by the members in case of any opposition.

The order pertaining to the Shantiniketan Air India Society at Versova was given on January 30 by the K-West deputy registrar, disqualifying and banning office bearers of the society from contesting elections for five years. In an ex-parte order, they were found to have violated provisions of the Maharashtra Cooperative Societies Act, 1960, by overcharging members through the collection of excessive transfer fees.

One of the most common grievances against the managing committees is forcibly levying an annual 'donation' from flat owners who want to rent out their apartments. This charge is demanded additionally apart from the statutory non-occupancy charge. “Unless we make an online transfer or issue a cheque for this donation, the society refuses to issue a no objection certificate and does not allow the tenant to enter the society premises with their belongings,” Kurla resident Hemant Samant said.

CHS using frivolous complaints to get tenants ousted

Another flat owner shared that when they refuse to pay excess citing government resolutions and previous court orders against such payments, the society office bearers bring forth all sorts of frivolous complaints to get the tenant ousted.

“Issue is that the deputy registrar's office is a quasi-judicial authority and the rule book is not followed in dictum. Different motives come into play, because of which people avoid lodging grievances with them, and as a result, the society office bearers have a free run,” said a lawyer familiar with the practices at such forums.

Analysing the trend, Mukhtar Khan from the Democratic Youth Federation of India in Mira Road, said, “These office bearers do not have leadership roles or exposure elsewhere during their daily routine. Hence, a housing society becomes the only area where they get an opportunity to display their power and end up misusing the responsibility.”

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