Mode Of Implementing Redevelopment Project

Housing Societies May Select Any Of The Following Modes For Implementing The Redevelopment Project.

a)  Self Development:

 The Project Can Be Taken Up By The Society By Appointing Contractor/S For Reconstruction And By Paying Charges For The Same To The Contractor/S. Additional Area In The Existing Flats And Additional Flats Can Be Financed In Any Or All Of The Following Ways:

i)                  Collecting Contribution From Members For Additional Area In Their Flats At Additional Cost.

ii)                Selling The New Additional Flats To The Prospective Buyers/Members At The Current Market Rate.

iii)             Giving Additional Flats On Lease/Rent Basis After Taking A Deposit From Them. Rent In Future Will Reduce The Outgoing Of The Members.

b)    By Individual Members And Common Developer:

The Redevelopment Project Will Generate Additional Flats As Result Of Reconstruction. These May Be Made Available To Members With Or Without Charges. Members May Be Advised To Sell Their Right To A Common Developer And Collect The Financial Returns Thereof Directly. It Has To Be First Resolved At The General Body Meeting That The Balance Fsi Available To The Society Belongs To Each Member In Proportion To The Sq.Feet Area Of His Premises. Each Member May Also Buy Tdr From The Open Market For Additional Construction.

c)   By Society Contracts With Developer:

Generally, An Arrangement Is Made Between The Society And The Developer Whereby The Developer Reconstruts The Buiding Of The Society And Gives The Members Their Rebuilt Flats Free Of Charge. In Some Cases, The Developer Also Pays An Agreed Sum Of Money To The Society Or To The Individual Members Of The Society.

d)   Outright Sale To Developer/Builder:

The Prospective Developer Pays Consideration To Members For The Sale Of His/Her Flat, As In A Normal Sale. Here, The Builder Purchases Flats From The Members In The Name Of His Relatives/Friends Who Are The Investors. The Society Continues To Exist But Will Be Under The Total Supervision And Control Of The Developer.

TRANSFER OF INTEREST ON DEATH OF MEMBER

It Is Settled Principle Of Law That A Nomination To A Share Or Interest In A Co-Operative Society Is Meant To Provide An Arrangement Between The Death Of The Original Member And Full Administration Of The Estate. 

Maharashtra Co-Operative Societies Act S. 30 – Transfer Of Share Or Interest Of Deceased Member To A Nominee Or To An Heir Or Legal Representative Recognized By Society  Does Not Create Interest In Such Person To Exclusion Of Other Heirs – He Only Holds Share And Interest Of Deceased For Disposal Of The Same In Accordance With Law 

Section 30 Of The Maharashtra Co-Operative Societies Act, 1960 Reads :

On The Death Of A Member Of A Society, The Society Shall Transfer The Share Or Interest Of The Deceased Member To A Person Or Persons Nominated In Accordance With The Rules Or, If No Person Has Been So Nominated In Accordance With The Rules Or, If No Person Has Been So Nominated, To Such Person As May Appear To The Committee To Be The Heir Or Legal Representative Of The Deceased Member :

However What Is Important Is The Section And Not The Rules And Bye-Laws In As Much As The Rules And Bye-Laws Cannot Provide Anything Contrary To The Section. It Is Very Clear On The Plain Reading Of The Section That The Intention Of The Section Is To Provide For Who Has To Deal With The Society On The Death Of A Member And Not To Create A New Rule Of Succession. The Purpose Of The Nomination Is To Make Certain The Person With Whom The Society Has To Deal, And Not To Create Interest In The Nominee To The Exclusion Of Those Who In Law Will Be Entitled To The Estate. The Purpose Is To Avoid Confusion In Case There Are Disputes Between The Heirs And Legal Representation And To Avoid Uncertainties As To With Whom The Society Should Deal To Get Proper Discharge. Though In Law, The Society Has No Power To Determine As To Who Are Heirs Or Legal Representatives, With A View To Obviate Similar Difficulty And Confusion, The Section Confers On The Society To Determine Who Is The Heir Or Legal Representative Of A Deceased Member And Provides For Transfer Of The Shares And Interest Of The Deceased Member’s Property To Such Heir Or Legal Representative. Nevertheless, The Persons Entitled To The Estate Of The Deceased Do Not Lose Their Right To The Same. It Therefore Follows That The Provision For Transferring A Share And Interest To A Nominee Or To The Heir Or Legal Representative As Will Be Decided By The Society Is Only Meant To Provide For Interregnum Between The Death And The Full Administration Of The Estate And Not For The Purpose Of Conferring Any Permanent Right On Such A Person To A Property Forming Part Of The Estate Of The Deceased.  The Idea Of Having This Section Is To Provide For A Proper Discharge To The Society Without Involving The Society Into Unnecessary Litigation Which May Take Place As A Result Of Dispute Between The Heirs Or Uncertainty As To Who Are Legal Heirs Or Representatives. Even When A Person Is Nominated Or Even When A Person Is Recognized As An Heir Or A Legal Representative Of The Deceased Member, The Rights Of The Persons Who Are Entitled To The Estate Of The Interest Of The Deceased Member By Virtue Of Law Governing Succession Are Not Lost And The Nominee Or The Heir Or The Legal Representative Recognized By The Society, As The Case May Be Holds The Share And Interest Of The Deceased For Disposal Of The Same In Accordance With Law. It Is Only As Between The Society And The Nominee Or Heir Or Legal Representative That The Relationship Of The Society And Its Member Is Created And This Relationship Continues And Subsists Only Till The Estate Is Administered Either By The Person Entitled To Administer The Same Or By The Court Or The Rights Of The Heirs Or Persons Entitled To The Estate Are Decided In A Court Of Law. Therefore The Society Will Be Bound To Follow Such Decision.

According To  Advocate Madhuri Gaikwad(Legal  Support For Landguruz) She Feels A Legal Advisor Should Always Work To Ensure Safeguarding & Making The Mumbaikars UnderstandThe Legal Rights Of Redevelopment. She Feels If Adhered To Ethics By Members And Legal Aids

Then It Is The Victory & Respect To SATYAMEV JAYATEY.

Think Before You Decide

IS YOUR SOCIETY PLANNING TO GO INTO

REDEVELOPMENT ???

Think Before You Decide !!!

           Know Before You Decide !!!

v              Is Your Project Technically Feasible & Commercially Viable?

v              What Is The Maximum Benefit To All Society Members?

v              What Should Be The Realistic Extra Area And Corpus Each Member Should Get?

v              Do You Know When To Vacate Your Home?

v              Do You Think Taking Post Dated Cheques For Rent Is A Safe Option?

v              Do You Know The Procedure For Selection Of A Developer?

v              Can You Judge The Credentials Of The Developer?

v              Can You Supervise The Entire Construction Work?

v              Can You Ensure The Timely Completion Of Your Project?

Bombay HC Rules That Nominee’s, Not Legal Heirs Get Ownership Rights of Shares

A 20th April Judgement Of The Bombay High Court Has Overturned Established Practice In The Matter Of Transmission Of Shares By Giving All Ownership Rights To The Nominee Rather Than The Legal Heirs.

This Means That Anyone Who Has Nominated Persons Other Than Their Chosen Or Legal Heirs In Their Demat Accounts Would Do Well To Make Appropriate Changes.

In The Verdict, Justice Roshan Dalvi Struck Down A Petition Filed By Harsha Nitin Kokate, Who Was Seeking Permission To Sell Some Shares Held By Her Late Husband. The Court Noted That As She Was Not The Nominee, She Had No Ownership Rights Over The Shares.

Ms Kokate’s Lawyer Had Argued That as She Was the Heir of Her Husband Who Had Died Intestate (Without A Will), She Should Have Ownership Rights Of The Shares, And Be Able To Do Anything With Them As She Wished. In This Case, Ms Kokate’s Husband Had Nominated His Nephew In Favour Of the Shares.

Ms Kokate’s Lawyer Went On To Claim That the Nominee Had No Legal Ownership Rights over Shares, And Was Merely Entitled to Hold the Shares in Trust for the Estate of the Deceased. He Pointed Out Similar Cases Under The Insurance Act With Respect To Life Insurance Where Although The Policy Is Paid To The Nominee Of The Deceased Policy Holder, It Is Only Held By Them In Trust For The Estate, As The Act Provides No Other Provision For Any Other Rights Of The Nominee. He Also Pointed Out That Under The Maharashtra Co-Operative Societies Act, While The Shares In The Society Are Transferred To The Nominee, It Does Not Result In The Flat Being Transferred To The Nominee. He Again Acts As A Trustee For The Estate Of The Deceased And The Society Is Not Concerned With Any Disputes Between The Heirs Over The Property.

Justice Dalvi However Noted That Under The Provisions Of The Companies Act And The Depositories Act, Acts Which Govern The Transfer Of Shares, The Role Of A Nominee Was Different.

“A Reading Of Section 109(A) Of The Companies Act And 9.11 Of The Depositories Act Makes It Abundantly Clear That The Intent Of The Nomination Is To Vest The Property In The Shares Which Includes The Ownership Rights There Under In The Nominee Upon Nomination Validly Made As Per The Procedure Prescribed, As Has Been Done In This Case.”

This Excerpt From The Judgement Makes It Clear That Since The Nomination Was Done In The Proper And Prescribed Manner, The Nomination Was Valid, And The Nominee Was Entitled To Ownership Rights Of The Shares, To The Exclusion Of The Legal Heir.

“The Court Has Reemphasised And Clarified The Position In Law Both In Regard To Nomination As Far As Shares In Companies, As Well As Nomination As Under The Maharashtra Co-Operative Societies Act Which Has An Analogous Provision, And Therefore The Ambiguity That Used To Exist In The Minds Of Legal Descendents Should Now Be Put To Rest,” Said Advocate Jamshed Mistry Of The Bombay High Court.

“In Light Of This Judgement, It Would Be Prudent For Legal Descendents To Get Themselves Nominated Rather Than Wait For The Law To Take Its Course, In Which Case The Person Who Has Been Nominated Will Get The Shares,” Said Advocate Dipesh Siroya Of The Bombay High Court.

Ms Kokate Can Now Appeal To The Supreme Court, And If The Apex Court Delivers A Contradicting Judgement, The High Court’s Judgment Will Be Null And Void.

The Notice Of Motion Was No. 2351 Of 2008, In Suit No. 1972 Of 2008
AK Maheshwari Had Appeared For Ms Kokate, While Shyama Parkar And HS Shreepad Murthy Appeared On Behalf Of The Defendants.

Repair Permissions (MCGM Jurisdiction)

Many A Time It Is Seen That Essential Repairs To The Building And/Or To Individual

Premises Are Delayed Due To Conflict between Management Of Society And

Individual Member/S, On Personal Grounds.

This Tendency Is Harmful For the Life Of The Building

All Parties Are expected to co-operate In The Matters Of undertaking Timely Repairs Of The Society Structure To Enhance The Life Of The Building.

It Is Paramount Responsibility Of All Members To Keep The Building In Excellent

Conditions.

  It Is Necessary To Ascertain The Exact Nature Of Repairs To Be Carried Out And Its Necessary Permissions Form The Local Civic Authority. One Should Under-

Stand That Only Timely Repairs Can Increase Longevity Of The Structure. It Is Seen

By And Large That The Repairs Are Ignored And /Or Delayed For Some Reasons,

Or Some Time Due To Abnormal Delay In Granting Of Permissions By The Local

Municipal Authority. Such Permissions Are Based On The Nature Of Repairs. It Is

Also Noticed That, At Times Members Carry Out The Work Of Additions & Alterations

Under The Disguise Of Repairs And Ultimately Land In To Trouble.

  Repairs Amounting To Structural Changes Or Additions Or Alterations Require

Permissions Form Civic Authority. However It Is To Be Noticed That Certain Type

 Of Repairs Do Not Require Permissions From The Municipal Corporation. The

Nature Of Repairs And Its Permissions Are Described Below. The Municipal

Corporation Of Greater Mumbai (MCGM) Has Prepared Following Guide Line

For The Information Of Public.

Mainly The Repairs Are Classified In Three Categories:-

1)    Repairs Where Permission Is NOT Required Form MCGM.

2)    Repairs PROHIBITED.

3)    Repairs Which REQUIRE Permissions Form MCGM.

1)    Repairs Not Requiring Permission Form MCGM.

Following Repairs Do Not Require Permission from MCGM:-

1)    Providing Guniting to Walls.

2)    Plastering, Pointing and Painting.

3)    Changing Of Floor Tiles.

4)    Repairing Of W C, Bath, Toilets and Washing Places.

5)    Repairing Or Replacing Of Drainage Pipes, Joints, Taps, Manholes And Other

Sanitary Fittings.

6)    Repairing or Replacing Of Sanitary/Water, Plumbing And Electrical Service Lines.

7)    Repairing or Replacing Of Roof with Same Material, Without Altering Floor Height.

 

2)    Repairs Prohibited Without Prior Permission From MCGM

Certain Repairs Are Prohibited Which Are Detrimental To The Structural Stability

Of The Building. So, Never Attempt Following, Repairs Unless Same Is Permitted By

The Municipal Authority.

1)      Lowering Of Plinth.

2)     Removal Of Load Bearing Walls.

3)     Constructions Of Lofts/Mezzanine Floors Supported On Partition Wall

Which Are Not Provided As Load Bearing Walls.

          Repairs Involving The Removal, Alteration Or Re-Erection Of Any Part Of The

      Building Covered Under Section 342 Of MMC Act, Permission Form MCGM Is

      Required To Be Taken, Such As For:-

1) Changes In Horizontal And Vertical Existing Dimensions Of The Structure And Thereby Increasing Built Up Area.

2) Replacement Of Any Structural RCC Member Such As Columns, Beam Etc And

    Load Bearing Walls.

3) Construction/Extension Of Mezzanine Floor/Loft.

4) Flattening Of Sloping Roof In RCC Or Repairing And Replacing Of Existing Roof With  

  Different Materials, Including Alteration In Floor Height, If Any.

5) Enclosure Of Balcony.  

Shri Behram Siodia Is An IIT Gold Medalist From IIT Chennai & Looks After The Structural Aspects Of Buildings Since Last 25 Years.

He Says That Especially In A Climate Like Of Mumbai, Which Lies On The Coastal Line, The Building Structure Is More Prone To Corrosion In RCC Members And Hence Timely Maintenance & repairs Are Absolutely Essential To maintain Strength & Durability Of The Building. It Is With this Aim That MCGM Has Made It Mandatory To Carry Out Structural Audit Of Buildings Periodically to Assess Structural Conditions Of The Building And Ascertain Whether Repairs Or Redevelopment Is Recommended from The Point Of View Of Safety & Stability Of The Structure.

Cluster development sounds good on paper, but where is the space in Mumbai?

Does Mumbai have enough space to accommodate incentive FSI development granted by the government for cluster developments? The numbers just don’t add up

The government of Maharashtra has granted different percentages of incentive floor space index (FSI) for various ranges of amalgamated plots that will be used for cluster development. Cluster development allows redevelopment of old cessed buildings which have been constructed prior to 30 September 1969 and which have a built-up area of up to 2,000 sq mt. There’s an FSI of 4 for cluster development of amalgamated plots.

According to Section 37(2) of the Maharashtra Regional & Town Planning Act, 1966, these incentive FSI numbers will be granted for cluster development for the following size of amalgamated plots:

• Where the total area of amalgamated plot is between 4,000 sq mt-8,000 sq mt, the incentive FSI admissible will be 55%
• Where the total area of amalgamated plot is between 8,001 sq mt-12,000 sq mt, the incentive FSI admissible will be 65%
• Where the total area of amalgamated plot is between 12,001 sq mt-16,000 sq mt, the incentive FSI admissible will be 70%
• Where the total area of amalgamated plot is between 16,001 sq mt-20,000 sq mt, the incentive FSI admissible will be 55%
• Where the total area of amalgamated plot is more than 20,000 sq mt, the incentive FSI admissible will be 80%.

There are 16,000 cessed buildings in Mumbai and the government is targeting 20 years to complete the re-development of these structures. “You have to develop 800 buildings per year to meet the target. Each re-development takes at least three years-four years for completion. Around 2,500 buildings have to be re-developed at one time which will create chaos,” said Pranay Vakil, chairman, Knight Frank (India) Pvt Ltd.

Most of these cessed buildings which have been earmarked for re-development are located in the congested southern part of the city where there is hardly any place to park an automobile. The government has allowed incentive FSI in those areas which are already crowded—like Bhuleshwar and Kalbadevi in south Mumbai.

Problems Of Deforestation

Transfer Fees Paid Above Rs. 25 Thosand Not Refundable

In A Land Mark Judgment Bombay High Court Had Said That You Cannot Ask For A Refund Unless You Prove You Were Forced To Pay The Sum Over And Above The Limit Of Rs. 25000/-.

  The Court Has Held That Members Of A Co-Operative Housing Society Cannot Seek A Fund Of Transfer Fees Paid For Transferring Shares In His Or Her Name Unless They Prove That The Amount Was Paid Under Coercion. This Is Because The Society Act In Maharashtra States Charging More Than Rs. 25000 As Transfer Fees Is Illegal.

Mr. Justice Roshan Dalvi Reversed The Order Of A Co-Operative Appellate Court Which Had Directed Bhartiya Bhavan Co-Operative Housing Society Ltd. At Marin Drive To Refund Rs.9.63 Lac To Its Members Krishna Bajaj.

Societies, Not Builders, Are Eligible For Revenue from Advertising Hoardings

Earnings from Hoardings Are Usually Land up with the Builders Even Though the Hoarding May Be atop the Flat Owner’s Terrace.

Recently Though In A Landmark Order The National Consumer Disputes Redressal Commission (NCDRC) Upheld The Order Passed By The Central Mumbai District Consumer Forum (CMDCF) Ruling That The Builder Should Deposit Future Earnings From Hoardings With The Society.

The CMDCF Had Passed An Interim Order, Asking Tab Advertising To Deposit Its Future Payments With The Society From August 2008 Till The Case Is Decided.

In The Dispute, The Society Had Maintained That The Builder Had Not Conveyed The Property To The Housing Society Within Four Months Of The Society Registration As Assured.

Tab Advertising, Which Had Installed The Hoarding, Paid Some Amount To The Society From November 2006 To December 2007. The Society Was Registered In July 2007. However, The Payment To The Society Stopped Six Months After The Registration. The Builder, However, Pocketed Their Sum Since July 2006.

The Builder Argued That As Per Clause 27 Of The Sale Agreement With Individual Flat Owners, They Had Clarified That They Would Retain The Rights Of Hoardings. The Society’s Lawyer, However, Successfully Argued That the Clause Should Be Struck down as It Was against the Maharashtra Ownership of Flat Act (MOFA).

The Builders And The Company Were Asked To Furnish Account Details Of Payment From July 2006 To August 2008. The National Consumer Commission Held, We Are Not Inclined To Interfere With The Interim Order Passed By The District Forum, Which Has Been Affirmed By The State Commission. The Builders Maintain That There Are Pending Suits Over Disputes Related To This Society And Hence The Matter Is Still Sub-Judice.

Duties Of The Treasurer

From The Desk Of Shri. Umesh Bhat (F.C.A)

The Model Bye-Laws Of The Society Has Detailed The Functions Of The Chairman And The Secretary. However, It Is Silent With Respect To The Duties Of The Treasurer Who Nevertheless Occupies An Important Standing As An Honourable Office Bearer. Naturally In Most Societies The Treasurer Devotes His Time Mostly Revolving Accounting Functions.

The Function Of The Treasurer Is Deeply Associated With ‘Treasury’ Which Means A Store Of Money And In Respect Of A Housing Society – Its Funds. So Taking Roots From The Precious Line, The Treasurer Is Basically The Chief Financial Officer / Manager Of The Society. Right From Ancient Times, Treasury Occupied An Important Status In All Kingdoms And So Did The Treasurers. But One Has Wary Of Treasurer Like ‘Seleucus’ (The Treasurer Of Cleopatra Who Betrayed His Master). At Present The Bye-Laws Do Not Prescribe Any Qualification For Holding Any Honorary Post. However It Would Be Highly Desirable To Have A Member With Atleast Commerce Or Accounting Background, If Not A Certified Treasury Manager.

The Following May Be Ideally The Duties Of The Treasurer:

·         To Sign All Receipts For Cash And Cheques  Received By The Society

·         To Ensure That All Account Books And Register Are Properly Maintained.

·         To Operate The Bank Account Of The Society Jointly With The Secretary And The Chairman.

·         To Scrutinize All Requirements Of Expenditure And Recommend The Same Sanction.

·         To Ensure That All Entries In Petty Cash Book Are Checked Thoroughly For Correctness Before Signature And The Items Purchased Have Been Taken On Charge In The Respective Stock Ledgers.

·         To Ensure Cash Balance Is Held Beyond The Limit Fixed By The Managing Committee.

·         To Ensure That All Transactions Are Properly Reflected In General Ledger Connected With Account.

·         To That Non-Expendable Items Are Taken On Proper Register.

·         To Report Cases Of Misappropriation Of Funds Of The Society Immediately, On Detection, To The Chairman Or Secretary And The Managing Committee And Further Suggest And Implement Appropriate Remedial Measures For Avoidance Or Recurrence Of The Same.

·         To Ensure That All Vouchers, Along With The Bills Relating Thereto, Are Arranged In Order Of Entries In The Cash Book And The Journal.

·         To Ensure Proper Records Of All Counterfoils, Challans, Bills Receipts And Cheques Are Preserved.

·         To Ensure That Periodical Statements Of Accounts Are Prepared By The Society.

·          To Put Up Monthly Balance Sheet And Income And Expenditure Statement Of The Year Before The Managing Committee, For Approval.

·         To Check Monthly Bank Reconciliation Statements For Correctness.

·         To Check Audit Reports And All Auditable Documents.

·          To Ensure That Personal Ledgers Of All Members Are Properly Maintained.

·         To Initiate Action For Recovering Outstanding Liabilities Of Sundry Debtors And Sundry Creditors.

·         To Ensure The Original FD Documents Are Kept Safe Preferably In Bank Lockers With A Photocopy In Office File. Also Submit Same Renewal / Encashment On Maturity.

·         To Put Up Monthly Account Statement For The Perusal Of Management Committee.

·         To Supervise The Accountant.

·         To Ensure That The Accounts Are Maintained As Per Statutory Requirements Including The Accounting Software.

·         To Assist Hon. Secretary During Audit, Internal / Statutory.

·         To Assist In Preparation Of Audit Rectification Report.

Duties Of Chairman & Secretary.

A Co-operative Housing Society Is Managed By All The Members By Electing Their Representatives To The Committee. The Overall Administration And Management Thus Vests With The Duly Elected Managing Committee As Per The Bye-Laws Of The Society. Again The Managing Committee Elects Amongst Themselves A Chairman, A Secretary & A Treasurer As The Office Bearers  Who Have been Given Certain Duties & Responsibilities In The Bye-Laws Of the Society.

Dr Sachin Shetty, A Renowned Hotelier From Mumbai & Channel Associate For LandguruZ Has Made An Attempt To Explain The Duties And Responsibilities Of These Office Bearers.

 The Duties Can Be Interchanged In Actual Practice And Also By Passing Necessary resolutions In The Managing Committee Meeting.

Ø      CHAIRMAN

ü      The Chairman Of The Society Shall Preside Over All The Meetings Of The managing Committee As Well As the General Body. He Shall Have Full Powers To Direct The Secretary Regarding The Agenda to Be Followed In The Meetings And Also, To Allow Or Disallow Any Matter From Being Taken Up In the Meeting. He Can Debar Any Member From The Meeting on Account Of Disciplinary Action Raised Against The Member Of The General Body.

ü      The Chairman Of The Society Shall Have Powers Of Overall Superintendence, Control & Guidance In Respect Of Management Of The Affairs Of The Society Within The Framework Of The Act, The Rules And The Bye-Laws Of The Society. In Case Of Any Emergency, The Chairman Of The Society May Be Competent To Exercise Any Of The Powers Of The Committee. However, While Doing So, He Shall Record The reasons Thereof In Writing. Any Decision, So Taken By The Chairman Of The Society Shall Be Got Ratified In The next Meeting Of The Committee.

Ø      SECRETARY

ü      To Issue Share Certificates to Members Within The Stipulated Period And The Prescribed Manner.

ü      To Deal With Resignation From Members Including Associate And Nominal Members.

ü      To Enter Nominations And revocations Thereof In The Nomination Register.

ü      To Inspect The Property Of The Society.

ü      To Issue Notices With Regards To The Repairs To Be Carried Out In Flats.

ü      To Deal With Cases With Regards To The Expulsion Of The Members.

ü      To Deal With Cases Of Cessation Of Membership Including Associate & Nominal Membership.

ü      To Deal With Applications For Various Purposes Received By The Society.

ü      To Prepare & Issue Demand Notices / Bill For Payment Of Society’s Charges.

ü      To Bring Cases Of Defaults In Payment Of The Society’s Charges To The Notice Of The Committee.

ü      To Issue Letters Of Allotment Of Flats.

ü      To Issue Notices And Agenda Of All Meetings Of The General Body.

ü      To Record The Minutes Of All The Meetings Of The Committee.

ü      To Call The First Meeting Of The Newly Constituted Committee.

ü      To Maintain Account Books, Register And Other Records, Unless Otherwise Decided By The Committee.

ü      To Finalise Accounts Of The Society In The Required manner.

ü      To Produce Records Of The Society Before Different authorities Concerned With The Working Of The Society With The Consent Of The Chairman.

ü      To Prepare Audit Rectification Reports In Respect Of Audit Memos Received From The Statutory & Internal Auditors.

ü      To Bring Breaches Of The Bye-Laws By The Members To Their Notices Under Instructions From The Committee.

ü      To Discharge Such Under Functions Under The Act, The rules And The Bye-Laws Of The Society And Directions Of The Committee And The General Body Meetings, As Are Not Expressly Mentioned Herein Above.

ü      To Place The Complaint Applications With Facts, Before The Committee, In The Coming Meeting.

Dr. Sachin Shetty Further Says That The Role Of A Committee Member Is Like A Wicketkeeper. 
A Wicketkeeper Is Never Remembered For The Excellent Catches He Takes BUT IS REMEMBERED MORE FOR THE DROPPED CATCHES.
He Says That The Members Also Should Respect The Honorary Work Done By The Committee & Should Work In Co-ordination & VERY IMPORTANTLY ATTEND ALL THE MEETINGS> 

Consumer grievances And Redevelopment

Products And Services By A Builder Are Covered Under Consumer Protection Act.

You Can File a Complaint In Case The Builder Has Given You Deficient Services Regarding The Following;

1)      Charged You Higher Than The Agreed Amount.

2)      Did Not Give The Receipt Against The Paid Amount.

3)      Delivered A Poor Quality Construction.

4)      Delivered A House That Does Not Comply With The Specifications Agreed Upon.

5)      Did Not Provide For Free Parking Space Within The Compound / Complex.

6)      Did Not Form Co-Operative Housing Society and Handed It Over To Its Members.

7)      Did Not Provide For Water Storage Tank.

8)      Did Not Provide For Enough Ventilation And Light.

9)      Did Not Deliver The House Within The Agreed Time Limit. If The Time Limit Is Not Mentioned, It Is Assumed That The Construction Will Be Finished Within A Maximum Period Of 2 Years From The Date Of Start Of Work.

10)  Did Not Give Accounts For The Expenses Against Which The Builder Has Collected Money, i.e. Maintenance, Electrical Installation (Transformer), Etc.

According To Shri G.V. Nayak A Senior Advocate And Legal Head Of LandguruZ, If You Have Grievance Against The Builder, Send A Notice To Him In Writing. Do Not Worry If He Refuses To Accept Your Notice, As Only Proof Of Sending Is Required. Send The Notice By Registered Post Or Under Postal Certificate. Retain The Proof Of Sending. The Proof Of Sending Is Valid In The Consumer Court Under Section 28A (3) Of The Consumer Protection (Amendment) Act Of 2002 And Will Be Declared As The Notice Has Been Duly Served.

FILE YOUR COMPLAINT IN THE CONSUMER COURT IN CASE THE BUILDER DOES NOT RESPOND TO YOUR NOTICE.

Address Of The Consumer In Mumbai Is As Follows:

THE PRESIDENT,

MAHARASHTRA STATE COMSUMER DISPUTES REDRESSAL

COMMISSION,

ADMINISTRATIVE COLLEGE, ROOM NOS. 1 & 2,

HAZARIMAL SOMANI MARG,

OPP. C.S.T. STATION, MUMBAI-400 001