Model Bye-Law No 172 to 174 – Redressal of Members’ Complaints in a Society
In a Society, members too face problems. They are also involved in the functioning of the Society. They are concerned about various issue Some problems are faced personally by them while others are face collectively. In such a case, there has to be a computer authority that will take interest and solve their problems.
Read More: Roles and Responsibilities of the RWA Managing Committee and Members
Bye-Laws no. 172, 173, and 174 show the ways for Redressal of Complaints
Bye-Law no. 172 states
Member/s shall submit their complaint application to any of the office-bearers of the Society, in writing, giving thereby the details of the complaint.
Byelaw no. 173 states
After the receipt of such a complaint application, the Committee shall take a decision thereof, in the coming Managing Committee Meeting. Such a decision shall be communicated to the concerned member within 15 days thereafter.
Bye-Law no. 174 states
If the member/sis/are not satisfied by the decision of the Committee, or does/do not receive any communication from the Committee within 15 days, the complainant member and the Society may approach the below-mentioned competent authorities –
A) In case of matters pertaining to the following issues, complaints are to be made to the Deputy Registrar:
- Registration of the Society on grounds of misrepresentation
- Non-issuance of Share Certificates
- Refusal of membership/s
- Non-registration of nomination/s by the Society
- Non Occupancy Charges
- Demand for excess premium for transfers
- Non-supply of the copies of records and documents
- Tampering, suppression, and destruction of the records of the society
- Non-acceptance of the cheques or any other correspondence by the Committee
- Non-maintenance or incomplete maintenance of records and books of the Society
- Failure in preparation of the annual accounts/ reports the prescribed period
- Misappropriation/misapplication of the funds of the Society
- Defaulter/ disqualified member on the Committee
- Investment of funds without the prior permission of the General Body Meeting
- Reconciliation of Accounts
- Audit, Audit Rectification Reports
- Failure in conducting election/s before the expiry of the term of the Committee as per law
- Rejection of Nomination
- Failure in holding General Body Meetings within the prescribed period on or before 30th September
- Failure in holding the Managing Committee Meeting as prescribed in the bye-laws
- Resignation by the Committee
- Any other, like matters which fall within the jurisdiction of the registrar
- Failure in the filing of returns and statements
- Classification as Non-active and Active members
B) Cooperative Court: Disputes between the members and/or the members and the Society, which fall under Section 91 of the MCS Act, 1960 such as
Disputes pertaining to:
- Resolutions of the Managing Committee and General Body
- Elections of the Managing Committee, except the Rejection of Nominations, as provided under Section 152 A of the MCS Act, 1960
- Repairs, including major repairs, Internal repairs, leakages
- Parking
- Allotment of flats/plots
- Escalation of construction cost
- Appointment of developer/contractor, architect
- Unequal water supply
- Excess recovery of dues from the member/s
- Any other, like disputes which fall within the jurisdiction of the Cooperative Court
C) Civil Court
Disputes pertaining to:
- Non-compliance of the terms and conditions of the Agreement by and between the builder/developer (specific performance)
- Substandard construction
- Conveyance Deed in favor of the Society
- Escalation of construction cost
- Any other like disputes which fall within the jurisdiction of the Civil Court.
D) Municipal Corporation / Local Authority
Matters pertaining to:
- Unauthorised constructions / additions / alterations made b builder / member / occupant of the flat
- Inadequate water supply to the Society and members
- Change of use by the members/occupants
- Building’s structural problems
- Any other, like matters which fall within the jurisdiction of the Corporation / local authority for e.g. Property Tax, streetlights garbage management, and/or other civic amenities, etc.
E) Police
Matters pertaining to:
- Nuisance carried on by the unauthorized user of the flat / shop/parking space / open space in the Society, by the members, builder, occupants, or any other person
- Threatening/ assault by or to the members of the Society and/or an official body
- Any other like matters which fall within the jurisdiction of the Police
F) General Body Meeting
Matters pertaining to:
- Non-maintenance of the property of the Society by the Managing Committee
- Non-display of the Board of the name of the Society
- Levying excess fine, by the Managing Committee, for acts of the member/s which are in violation of the Bye-laws
- Not allowing the authenticated use of the available open spaces of the Society, by the Managing Committee
- Not insuring the property of the Society, by the Managing Committee
- Appointment of architect
- All other, like matters which fall within the jurisdiction of the General Body
G) Federation:District / State
Matters pertaining to:
- Denial of entry to the Secretary of the Society, by the member/s
- Non-acceptance of any communication by the members/Managing Committee
- Convening the Special General Body Meeting provided under Byelaw no. 96 and Managing Committee Meeting provided under Byelaw no. 132 as per the directions given by the concerned Dist./Asst Registrar.
- All other, like matters as per the bye-laws provision of the Federation
