Chapter XIX: Redressal of Members’ Complaints and Grievance Management

Bye-law 184. Submission of Complaints

(a)Any Member may submit a complaint in writing to any Office Bearer of the Society, clearly stating the facts, nature of grievance and relief sought.

Submission of Complaints

(b)The complaint shall contain sufficient particulars and supporting documents, wherever applicable, to enable proper consideration.

(c)No complaint relating to services, management or functioning of the Society shall be entertained unless the Member has paid all undisputed dues of the Society, including maintenance charges, up to date.

Provided that, a dispute regarding the correctness or legality of such dues may be raised separately in accordance with law.

Bye-law 185. Registration and Acknowledgment of Complaints

(a)The Society shall maintain a Complaint Register in physical or electronic form.

Registration and Acknowledgment of Complaints

(b)Every complaint shall be entered in the Register and acknowledged within 3 days of receipt.

(c)The acknowledgment shall indicate the date of receipt and expected time for disposal.

Bye-law 186. Disposal of Complaints

(a)Every complaint shall be placed before the next Managing Committee Meeting.

Disposal of Complaints

(b)The Managing Committee shall examine the complaint and, where necessary, provide an opportunity of hearing to the concerned Member.

(c)The Managing Committee shall pass a reasoned decision on the complaint.

(d)Time Limit for Disposal

i.The decision shall be communicated to the Member within 15 days from the date of the Committee Meeting.

ii.In cases involving urgent matters such as safety, essential services or leakage, the complaint shall be addressed on priority and, as far as practicable, within 7 days.

(e)The decision shall be recorded in the Minutes of the Meeting and in the Complaint Register.

Bye-law 187. Grievance Redressal Committee (For Societies Having More Than 50 Members)

(a)In a Society having more than 50 Members, the General Body may, by resolution, constitute a Grievance Redressal Committee.

(b)The Committee shall consist of:

i.One Member of the Managing Committee;

ii.Two Members of the Society who are not members of the Managing Committee;

iii.Such other person, if considered necessary by the General Body.

(c)The Grievance Redressal Committee shall:

i.Examine complaints referred to it;

ii.Provide an opportunity of hearing to the concerned parties;

iii.Attempt amicable settlement, wherever possible;

iv.Submit its recommendations to the Managing Committee within a reasonable time.

(d)The Managing Committee shall consider such recommendations and record its decision. In case of disagreement, reasons shall be recorded in writing.

Bye-law 188. Internal Resolution and Settlement

(a)The Society shall endeavour to resolve disputes amicably through discussion, mediation and mutual understanding before escalation.

Internal Resolution and Settlement

(b)The Managing Committee or Grievance Redressal Committee may facilitate such settlement in a fair and transparent manner.

(c)This provision is intended to promote harmonious living and minimize disputes within the Society.

Bye-law 189. Right to Approach Competent Authority

(a)Where:

i.The Member is not satisfied with the decision of the Managing Committee; or

ii.No decision is communicated within the prescribed time; the Member may approach the appropriate authority as provided under these Bye-laws and applicable law. Right to Approach Competent Authority

Bye-law 190. Competent Authorities for Redressal

(A)The following matters shall fall within the jurisdiction of the Registrar or Competent Authority:—

i.Registration of Society obtained by misrepresentation;

ii.Non-issuance of Share Certificates;

iii.Refusal or delay in granting Membership;

iv.Non-registration of Nomination;

v.Levy of non-occupancy charges beyond permissible limits;

vi.Charging of excess premium for transfer;

vii.Non-supply of documents and records provided under Section 154B-8 of the Act;

viii.Tampering, suppression or destruction of records;

ix.Refusal to accept legitimate communication or payments;

x.Improper or non-maintenance of statutory records;

xi.Non-preparation or delay in finalisation of accounts and reports;

xii.Misappropriation or misapplication of funds;

xiii.Disqualification of Committee Members;

xiv.Investment of funds in violation of provisions;

xv.Audit and audit rectification matters;

xvi.Failure to conduct elections within prescribed time; xvii. Rejection of nomination in election matters, where applicable;

period;

xix.Failure to convene Managing Committee meetings;

xx.Resignation or failure of Committee to function;

xxi.Non-filing of statutory returns;

xxii. Any other matter falling within the statutory jurisdiction of the Registrar.

(B)The following disputes shall be referred to the Co-operative Court:—

i.Disputes relating to resolutions of the Managing Committee or General Body;

ii.Election disputes, except those governed by separate election law;

iii.Disputes relating to repairs, major repairs and leakages;

iv.Parking disputes between Members;

v.Disputes relating to allotment of flats or plots;

vi.Disputes relating to construction cost or related liabilities;

vii.Disputes relating to appointment of developer, contractor or architect;

viii.Disputes relating to supply of services such as water;

ix.Disputes relating to recovery or excess charging of dues;

x.Any other dispute touching the constitution, management or business of the Society.

(C)The following matters shall be dealt with by the Civil Court:—

i.Specific performance of agreements with builders or developers;

ii.Disputes relating to defective or substandard construction;

iii.Title disputes and conveyance matters;

iv.Contractual disputes not covered under Section 91;

v.Any other matter of civil nature.

(D)The following matters shall be referred to the Municipal or Local Authority:—

i.Unauthorized construction or alterations;

ii.Water supply and drainage issues;

iii.Change of user of premises;

iv.Structural safety and dangerous building issues;

v.Property tax, garbage disposal, street lighting and civic services.

(E)The following matters shall be referred to the Police Authorities:—

i.Nuisance or illegal activities;

ii.Threats, harassment or assault;

iii.Criminal offences within the Society premises.

(F)The General Body shall be the final authority in respect of:—

i.Maintenance and upkeep of property;

ii.Display of Society name board;

iii.Levy and regulation of penalties;

iv.Use and regulation of common areas;

v.Insurance of Society property;

vi.Appointment of architect or consultant;

vii.Any other internal management matters.

(G)The Housing Federation may assist in:—

i.Resolving issues relating to non-cooperation among Members;

ii.Communication and coordination issues;

iii.Facilitating meetings under directions of the Registrar;

iv.Providing advisory support and dispute facilitation.

Bye-law 191. Transparency and Record of Complaints

(a)The Society shall maintain proper records of complaints, decisions and actions taken.

(b)Such records shall be made available for inspection as per applicable provisions.

Bye-law 192. Prevention of Frivolous or Malicious Complaints

(a)Complaints shall be made in good faith.

Prevention of Frivolous or Malicious Complaints

(b)Where a complaint is found to be false, frivolous or made with malicious intent, the Managing Committee may take appropriate action as per Bye-laws, after giving an opportunity of hearing.