How To Handle Disputes In Your Housing Society

Living in a housing society comes with a lot of obligations and a sense of community, and you are mandated to follow them for smooth functioning. However, disputes can arise, and you must know how to file a Co-operative Housing Society Complaint effectively.

Governing Statutes

The governing statutes are as follows;

Maharashtra Co-operative Societies Act, 1960

In India, housing societies are primarily governed by the Maharashtra Co-operative Societies Act, 1960, and a similar act is there for other states. This act is a legal framework's backbone, operations, formations, and management. Their bylaws serve as the constitution for each society, ensuring the rights and responsibilities of members and the committee.

Consumer Protection Act, 2019

Any person dissatisfied with the bylaws can also approach the Consumer Forum under the Consumer Protection Act 2019 for a speedy trial. By preparing a complaint detailing the deficiency in service and supporting evidence, he can file a complaint at the District Consumer Disputes Redressal Commission (District Forum)

Relevance To The Indian Constitution

As the Indian Constitution is the backbone of India’s legal system, there are key articles relevant to housing disputes;

• Article 14: Ensuring that all members of society are treated fairly and without discrimination by following the right to equality before the law.

• Article 19(1)(c): By following the fundamental rights, residents can form associations or unions to organize themselves within a housing society.

• Article 21: People have a right to a safe and secure living environment, ensured by the right to life and personal liberty in Article 21 of the Indian Constitution.

• Article 15(2): Prohibition of discrimination on the grounds of religion, race, caste, sex, or place of birth to any member, ensuring that all residents have equal access to housing and related services.

Key Elements Of Maharashtra Co-operative Societies Act, 1960

The key elements of the Maharashtra Co-operative Societies Act, 1960 are:

1. Bye-Law: Generally, every society has its bylaws, which inculcate all the aspects required to run a housing society, like membership rights, dispute resolution mechanisms, and election procedures.

2. Registration and Formation: This act outlines the procedure for registration and formation of society, inclusive of everything required for the smooth functioning of a society.

3. Dispute Resolution: This act provides a clear picture of resolution for disputes through various modes within the society and external authorities such as the Registrar of Societies and Co-operative courts.

4. Committee Management: This act mandates that the management committee must conduct regular meetings for transparent financial dealings and regular activities of the society.

Reasons For Dispute In Housing Societies

Some of the major reasons for dispute in a society are:

• High maintenance charges

• Safety neglect

• Water shortage

• Parking woes

• Encroaching of space/ illegal construction

• Corrupt committee members

• Unfair/irregular elections

• Builder not doing his due diligence

• Nuisance caused by residents

• Fraudulent/Incomplete Audits

How To Handle Dispute In Your Housing Society

When there is any dispute in the housing society, first try to resolve it internally, and if that doesn't work, then you can proceed further to the Registrar of Co-operative Societies by filing a formal complaint, and if the situation demands, you can further pursue the case to Co-operative Court depending on the seriousness of the dispute and local law.

Internal Way To Solve The Dispute

Following are the ways to solve housing society disputes internally:

Communicate With The Management Committee

In front of everyone, raise your issue transparently and completely with proper documentation and evidence. Try to conduct a meeting for the issue so it would be more transparent in front of the society members and reach a mutual decision.

Solution Through Society’s Bylaws

Before raising the issue or complaining before the members of the society, you must be familiar with the bylaws of your housing society so that your complaint must align with it.

Mediation

If possible, you can go with the mediation process to solve the dispute in a more healthy manner and without the hassle of legal proceedings.

External Ways To Solve The Dispute

In the case where internal mechanisms fail, then there would be a legal intervention, and these are the steps to file a complaint:

File A Formal Complaint

If the solution is not resolved internally, you should file a formal written complaint to the Registrar of the Co-operative Societies. The Registrar has the authority to investigate complaints and take action.

Escalate Matter To Consumer Forum

If you are not satisfied with the action taken by the registrar or you want keen attention to your matter, you can also approach the Consumer Forum under the Consumer Protection Act 2019 by filing a consumer complaint with supporting evidence. This complaint can be filed at the District Consumer Disputes Redressal Commission (District Forum).

In exceptional cases, the matter can also go to a Civil Court or Co-operative Court.

Registrar Of Societies

If the matter is not resolved internally, then you can approach the Registrar of Societies to file a complaint. The Registrar has the authority to investigate and question the members of the committee, which can not be possible during an internal investigation.

Co-operative Court

Some matters require special attention, which the civil court tends to lack. Therefore, the law-making authorities have made different tribunals to tackle different matters. Co-operative courts are specialized in handling disputes related to residents and societies. They are well-equipped to deal with disputes related to governance and financial matters.

Consumer Forums

In certain cases, if the housing society matters are related to service issues, then the resident can approach consumer forums for better and quick action. Grievances like maintenance and amenities are tackled by them.

Alternative Dispute Resolution (ADR)

Alternative Dispute Resolution (ADR) is a growing field of law that focuses on resolving conflicts outside of the courtroom, allowing parties to settle their disputes efficiently and without the complexities associated with litigation. Within this framework, arbitration and mediation play crucial roles in addressing disputes, particularly in housing societies.

Civil Courts

When disputes arise that involve substantial financial stakes or intricate legal matters, residents may find it necessary to seek recourse through civil courts. While this option should be viewed as a last resort due to the considerable time and resources it demands, civil courts can ultimately offer a legal resolution to serious conflicts.

Conclusion

Disputes are an inevitable part of community living in housing societies. Understanding the legal framework, including the Maharashtra Co-operative Societies Act, 1960, the Consumer Protection Act, 2019, and relevant constitutional articles is crucial for effective dispute resolution. While internal resolution through communication, bylaws, and mediation should be prioritized, external avenues like the Registrar of Cooperative Societies, Consumer Forums, and Cooperative Courts are available when necessary.

Disclaimer: The information in this article is for educational purposes only and should not be considered legal advice. Please consult a qualified attorney for specific legal concerns.

FAQs

A few FAQs regarding consumer disputes are:

Q1. What is the role of the society's bylaws?

The society's bylaws, framed under the Maharashtra Co-operative Societies Act, act as its internal constitution, defining the rights and responsibilities of members and the managing committee. They are crucial for internal governance.

Q2. How should I first try to resolve a dispute?

Before escalating a dispute externally, try resolving it internally through communication with the management committee, referring to the society's bylaws, and exploring mediation. This often leads to faster and more amicable solutions.

Q3. What are some common reasons for disputes in housing societies?

Common disputes arise from high maintenance charges, safety neglect, water shortages, parking problems, encroachment, corrupt committee members, unfair elections, builder negligence, resident nuisances, and fraudulent audits.