How To Register a Complaint Against Housing Society

August 28, 2019
By Team MyGate
img

Living in a housing society is akin to being in a committed relationship, except it gets murkier when things go awry as they sometimes do. We’ve all been in catch 22 situations where if a problem persists, we are damned if we try to solve it and damned if we don’t. After all, it is better to resolve a conflict or dispute peacefully in a way that is acceptable to both parties. If however, the society has been functioning to the detriment of its members, causing unbearable inconvenience, they have the power to right the wrong. Luckily, there are laws that guard you against real and present danger (and even inconvenience) posed to you by incompetent, ruthless or negligent committee members. This post covers the different problems that may arise for members in a housing society and various ways for redressal.

Complaints that can be raised in General Body Meeting:

  • Issues related to maintenance of the property
  • Not displaying society’s name board
  • Not allowing members access to common spaces
  • Charging excessive fines, maintenance, other dues
  • Failure to insure the property

How to submit a complaint to the Managing Committee?

The member should submit a written complaint explaining the dispute/complaint in full detail to any office-bearer of the society.

In the next committee (after the complaint is received), the Managing Committee reviews the complaint, takes a decision and communicates it to the member within 15 days.

If the members do not receive any communication from the Committee within 15 days, they can approach any competent authorities for redressal of their complaints. A copy of the original complaint letter should also be attached to the escalation complaint.

In cases that are not so cut and dried and require extensive study of legal loopholes and workarounds, members should think about hiring an experienced lawyer (preferably specialising in real estate laws) who can bear the load and present a winning case. As such, housing societies have their own legal advisor/consultant or lawyer who does a good enough job of defending it if trouble befalls. Members who want to present a solid case with all legal intricacies and technicalities covered in a complex situation, should be better off with legal counsel.

Below is a classification of complaints and the competent authority for members to approach.

Administrative and financial mismanagement complaints and disputes that fall under the purview of the Registrar:-

  • Non-issuance of share certificates
  • Refusal of membership
  • Exorbitant premium demand
  • Refusal to produce account books and registers for inspection/ tampering or destruction of records
  • Incomplete or falsified maintenance records
  • Failure to prepare audit reports/ audit rectification reports/ annual reports
  • Corruption and misappropriation of funds
  • Investing funds without prior approval of members
  • Inappropriate/false non-occupancy charges
  • Failure to conduct election on time
  • Appointing defaulting members on committee
  • Rejection of nomination
  • Failure to conduct annual, special or general body meetings wilfully
  • Failure to file returns, statements or mismanagement of bank records/documents

Disputes pertaining to repair, construction and amenities should be appealed to Co-operative Court/Municipal Corporation or Local Authority:-

  • Major and minor repairs, leakages
  • Parking issues, disputes with allotment of residence
  • Managing Committee resolutions
  • Disputes with election of managing committee (except nomination refusal)
  • High construction cost, disputes with appointment of architect or redeveloper
  • Water supply issues and high maintenance/recovery

If you are facing harassment from the committee members, including but not limited to rude/impolite behavior on a consistent basis, verbal or physical threats or assaults, you must immediately approach the local police station and file an FIR. After receiving a police NC (non-cognizable), you can approach the Civil Court for further redressal.

3 thoughts on “How To Register a Complaint Against Housing Society

  1. Is it mandatory that an owner of a flat/villa should reside in the same flat/villa to contest for a post of a Association Committee.

  2. Hi,

    Currently the issue with my society is that i am not getting a clarity on the penalty charges that i have been fined for Maintenance issue. They have disconnect the water supply of my flat and when i approached the society, they asked me that this is a process that is agreed by the general committee. They are also charging me Rs 4000 extra as a water disconnection charges. I still haven’t received any clarity with regards to the penalty. Furthermore despite making the full payment except the 4000 which i said i will not pay, they charged me with another penalty charges.
    Request if any solution can be provided for the same

  3. My housing complex just does care for rules and timings of construction. They are constructing additional structures within the complex and start early morning and work till late evenings. This is extremely disturbing for me and my new born baby. When inhabitants want to construct or do something in their homes we have to get this done within a a certain time in the day. This is absolutely inconveniencing and disturbing with the loud drilling.

Leave a Reply

Your email address will not be published. Required fields are marked *