Question 1

A member has made a complaint. How fast must the society respond?

Accepted Answer

Under the 2014 bye-laws the complaint goes to the next committee meeting, and the decision must reach the member within 15 days after that meeting. The draft 2026 bye-laws add three things. Every complaint is registered and acknowledged within 3 days. Urgent matters such as safety, essential services and leakage are dealt with within 7 days as far as practicable. The committee gives a reasoned decision. 2014 BL 171-173: a written complaint goes to any office-bearer. The committee decides at the next meeting and communicates within 15 days. If the member is not satisfied, or hears nothing, they may go to the authority listed for that kind of matter: Registrar, Co-operative Court, civil court, consumer commission, police or municipality. The draft (dBL 184-190) adds a Complaint Register, physical or electronic. The acknowledgement gives the date and the expected time for disposal. The member gets a hearing where needed, and the decision is recorded in the minutes and the register. Societies with more than 50 members may form a Grievance Redressal Committee: one committee member and two non-committee members. The draft also says complaints are entertained only if the complainant has paid undisputed dues (dBL 184(c)). That condition is draft text and may change. Staff should log every complaint on the day it arrives, including verbal ones, and route safety or leakage complaints to the Secretary at once. Complaint files are kept 5 years (dBL 138(e)(iii)).

Question 2

How do I actually file a dispute in the Co-operative Court under section 91, and what should I attach?

Accepted Answer

File a written dispute in Form P, naming each opponent and stating the relief you want. Attach certified copies of the records the dispute rests on and pay the court fee. The court will not take up a dispute until the fee is paid. Check the limitation period first. Rule 75 says a s.91 dispute is referred in writing in Form P. The Rule still speaks of a reference "to the Registrar", but s.91 as amended sends disputes to the Co-operative Court, and in practice they are filed in the Co-operative Court for the district. The court can ask for certified copies of the records the dispute is based on (Rule 75). Under Rule 77(2) neither the Registrar nor the Court takes up a dispute until the court fee is paid. A workable file contains: - Form P with the parties (s.91(1)(a)-(e) lists who can be a party), facts in date order, the relief
  claimed and its value where money is claimed;
- copies of the resolution, notice, bill or letter complained of; - your written complaint to the society and its reply, or proof that 15 days passed without one
  (BL 171-173; dBL 184-189);
- share certificate or other proof that you are a member; - an authority letter or resolution if a society or committee files. Claim every relief in one go: a relief you leave out cannot be claimed later without the court's leave (s.94(3)(d)). Limitation is in s.92; see disputes_forums-103. Take an advocate's advice on the court fee, which depends on the relief and the value claimed.

Question 3

Do I need a lawyer in the Co-operative Court, and can the society send an advocate against me?

Accepted Answer

No party may be represented by a lawyer at the hearing of a s.91 dispute without the court's permission. You can appear in person. If one side gets permission for an advocate, the other side can ask for the same. Section 94(2) says that, except with the Co-operative Court's permission, no party shall be represented by a legal practitioner at the hearing of a dispute. The idea is a cheaper, quicker forum for members and societies. In practice permission is often asked for and granted, especially where the questions are legal or the other side is represented. A member who appears in person should file a clear written statement, a list of documents and copies for each party. The court records evidence in English, Marathi or Hindi (Rule 77E(1)). It normally allows no more than two adjournments to each party, and further adjournments may carry costs (Rule 77E(5)). A society acts through a person authorised by committee resolution, usually the Secretary. Legal fees for defending the society come from society funds only when the committee or general body has approved them. Costs of an appeal by someone other than the society against a cost order under s.85 cannot be paid from society funds (s.85(2)).

Question 4

What happens if I miss a hearing in the Co-operative Court, or the other side never turns up?

Accepted Answer

If the person who filed does not appear, the dispute can be dismissed. If the opponent does not appear after being served, the court can decide ex parte. A party decided against ex parte can apply within 30 days to set the decision aside by showing sufficient cause. Rule 77E sets the consequences: - neither party appears: the dispute may be dismissed for default (77E(2)); - only the opponent appears: the dispute may be dismissed, except for any part the opponent admits
  (77E(3));
- only the disputant appears and service is proved: the court may proceed ex parte (77E(4)). Under s.94(3A) a person against whom a dispute was decided ex parte may apply within thirty days of the decision to set it aside. If sufficient cause for the absence is shown, the court sets it aside on terms as to costs or deposit and fixes a new hearing. Keep your address with the court and the society up to date, because service at the recorded address is what the court looks at. For a society, a change of Secretary is no excuse: the society is served at its registered address (s.37).

Question 5

Can the Co-operative Court stop a general-body resolution or a committee action while the dispute is pending?

Accepted Answer

Yes. The Co-operative Court can make interlocutory orders, such as a stay or an injunction, to prevent the ends of justice being defeated while the dispute is decided. It can also attach property conditionally if a party is about to dispose of it to defeat the award. Section 95(4) lets the Co-operative Court make such interlocutory orders pending the decision as appear just and convenient. Section 95(1)-(2) allows conditional attachment of a party's property where the court is satisfied that the party is about to dispose of or remove it to defeat or delay execution, unless adequate security is given. To ask for interim relief, file an application with the dispute. Show three things: a prima facie case, that the balance of convenience favours you, and harm that money cannot repair if relief is refused. For example, a resolution to demolish a structure, to appoint a developer or to spend a large sum before the dispute is heard. Act quickly: delay weakens an urgent application. An order under s.95 can itself be appealed to the Co-operative Appellate Court within two months (s.97). The Appellate Court also has power to make interim orders in pending appeals (s.149(10)).

Question 6

My nomination for the society election was rejected, or I think the election result is wrong. Where do I go, and how fast?

Accepted Answer

A rejected nomination is appealed to the Registrar within three days of the rejection, and the Registrar decides within ten days; that decision is final. A challenge to the election itself goes to the Co-operative Court within two months of the declaration of the result, and the court tries to decide it within six months. Section 152A(1) gives anyone aggrieved by the rejection of a nomination at a committee election an appeal to the Registrar within three days of the rejection. The Registrar disposes of it within ten days, and no further appeal or revision lies. The list of valid candidates is subject to that appeal, and there must be at least fifteen days between scrutiny and the last date for withdrawal (s.152A(2)). Rejection of a nomination is excluded from s.91 (s.91(1) proviso). Any other dispute about the election of the committee or its officers goes to the Co-operative Court. It must be filed within two months of the declaration of the result (s.92(1)(d)). Under s.94(1A) the court must hear election disputes as quickly as possible and try to decide them within six months. BL 173(b)(ii) and dBL 190(B)(ii) follow the same split. Keep the returning officer's result form, the notices and the nomination papers; election records are sealed and kept, longer if a dispute is pending.

Question 7

Is there a fast-track "summary" procedure in the Co-operative Court for recovering a member's unpaid maintenance?

Accepted Answer

Yes. Rule 77F lets a housing society ask for a summary decision on a member's dues for maintenance, repairs, taxes, water, sinking fund and interest. The member cannot defend unless the court grants leave, applied for within ten days of notice. Most societies now use the Registrar's s.154B-29 recovery certificate instead. Rule 77F(1)(d) covers disputes for recovery of dues payable by a member of a housing society: contribution to construction, loans and interest, ground rent, local taxes, sinking fund, water and electricity charges, repairs, maintenance and upkeep, and interest on arrears under the bye-laws. The society must add to Form P two averments: that it claims a liquidated sum only, and that it believes there is no bona fide defence (77F(2)). The member must then apply within ten days of the notice, by affidavit, for leave to defend, disclosing the facts and documents relied on (77F(4)(i)). Without leave the claim is deemed admitted and an award follows (77F(3)). The court may grant leave on conditions, such as depositing the undisputed amount. Compare the Registrar's route under s.154B-29 and Rule 106C-14: Form Y-6, a Rs 100 court fee, a reasoned order within about three months of the first hearing, and a recovery certificate executable as arrears of land revenue. The High Court has said the two remedies are independent (see disputes_forums-006). Choose one route for the same dues.

Question 8

I lost in the Co-operative Court. How do I appeal, and is there anything after the appeal?

Accepted Answer

Appeal to the Maharashtra State Co-operative Appellate Court within two months of the decision. Late appeals can be admitted for sufficient cause. The Appellate Court's order is final in the co-operative system; it can be reviewed by the same court within ninety days on narrow grounds, and after that only a writ petition to the High Court remains. Section 97 gives any party aggrieved by a decision of the Co-operative Court under s.96, or by an order under s.95, an appeal to the Co-operative Appellate Court within two months. Under s.153 the appellate authority may admit a late appeal if the appellant shows sufficient cause. The Appellate Court (s.149) sits in benches or through single members. It has the powers of an appellate civil court under s.107 and Order XLI of the Code of Civil Procedure. It can make interim orders (s.149(10)), and it can call for records and correct decisions in cases where an appeal lies to it (s.149(9)). Its orders are final and cannot be questioned in a civil or revenue court (s.149(11)). A review lies to the same court within ninety days of communication of its order. The grounds are new and important evidence that could not be produced earlier despite diligence, an error apparent on the record, or another sufficient reason (s.150). Beyond that, the High Court's writ jurisdiction under Articles 226 and 227 is discretionary and used sparingly. Take an advocate's advice early, because the two-month clock runs from the decision.

Question 9

The Deputy Registrar passed an order against us. Is the remedy an appeal or a revision, and what is the deadline?

Accepted Answer

It depends on the section the order was made under. Orders under the sections listed in s.152 (for example registration, bye-laws, amalgamation or division, expulsion, s.77A, s.79 and s.88) are appealed. Most other orders of a subordinate officer can be revised under s.154. Both must be filed within two months of communication of the order. Section 152(1) lists appealable orders: ss.4, 9, 11, 12, 13, 14, 17, 18, 19, 21, 21A, 29, 35, 77A, 78, 79, 85, 88 and 105. The appeal goes to the State Government if the Registrar, an Additional Registrar or a Joint Registrar with the Registrar's powers made the order, and to the Registrar if a lower officer made it (s.152(1)(a)-(b)). The limit is two months from communication (s.152(3)), and late appeals can be admitted for sufficient cause (s.153). Where no appeal lies, s.154 allows revision. The State Government revises orders of the Registrar, Additional Registrar or Joint Registrar, and the Registrar revises orders of other officers (s.154(2)). The application is filed within two months, extendable for sufficient cause (s.154(3)). A revision against a recovery certificate under s.101 needs a deposit of fifty per cent of the dues with the society (s.154(2-A)). Chapter XIII-B orders for housing societies, such as directions under s.154B-21, disqualification under s.154B-23 or a recovery certificate under s.154B-29, are not in the s.152 list. The usual remedy is revision under s.154. Read the operative part of the order: it often states the remedy.

Question 10

We won in the Co-operative Court but the other side will not comply. How is the award enforced?

Accepted Answer

An award that is not carried out can be executed like a civil-court decree on a certificate from the Co-operative Court, or recovered as arrears of land revenue through the Collector. Wilful failure to comply with a s.96 award is also an offence under the Act. Section 98 says an order of the Co-operative Court under s.95 or s.96, an order in appeal and an order in revision under s.154 can, if not carried out, be executed in either of two ways: - (a) on a certificate signed by the Co-operative Court, as a decree of a civil court; - (b) under the land-revenue law, on an application by the Collector with a certificate signed by the
  Registrar, made within twelve years of the date fixed in the order (or of the order).
Rules 83 and 84 of the MCS Rules deal with execution. Section 146(m) makes it an offence for an officer or member of a society to wilfully fail to comply with a s.96 award. The punishment is up to six months' imprisonment, or a fine up to Rs 500, or both (s.147(m)). A prosecution under the Act needs the Registrar's previous sanction (s.148(3)). For non-money orders, such as restoring a parking slot or supplying water, execution as a civil decree is usually the practical route. Keep a certified copy of the award (Rule 77E(6)).

Question 11

The other side says our dispute is too complicated for the Co-operative Court and belongs in a civil suit. Can the case be moved?

Accepted Answer

The Co-operative Court can, on a party's application, suspend a dispute that involves complicated questions of law and fact until they are tried in a regular civil suit. If no suit is filed within two months of that order, the Co-operative Court carries on and decides the dispute itself. Section 93(2) is the only exception to the civil-court bar in s.91(3). On an application by a party, the Co-operative Court may suspend proceedings where the question between the society and a claimant, or between claimants, involves complicated questions of law and fact, until that question is tried by a regular suit filed by a party or the society. If the suit is not filed in a civil court within two months of the order, the Co-operative Court must continue and decide. Separately, the President of the Co-operative Appellate Court may transfer a dispute from one Co-operative Court to another for recorded reasons (s.93(1)). Title disputes, disputes with a builder under the flat agreement and conveyance generally belong to the civil court from the start (BL 173(c); dBL 190(C)). A dispute that touches the society's management or business between the parties listed in s.91 stays with the Co-operative Court (see disputes_forums-001).

Question 12

How do members get the Registrar to hold a formal inquiry into the society's affairs under section 83?

Accepted Answer

The Registrar may order an inquiry on his own, and must do so on an application by one-third of the members. He can ask the applicants to deposit the cost first. The deposit is refunded if the allegations are substantially proved, and costs can be recovered from applicants whose allegations were false, vexatious or malicious. Section 83(1): the Registrar may, on his own motion, and shall, on the application of one-third of the members, hold an inquiry into the constitution, working and financial condition of the society. He may hold it himself or through an authorised person. Section 83(2) lets him require a deposit towards the cost of the inquiry. If the allegations are substantially proved, the deposit is refunded and costs are apportioned under s.85. If they are proved false, vexatious or malicious, the costs can be recovered from the applicants. If they are made in good faith but not proved, the State may bear the cost. A good application is signed by at least one-third of the members, with flat numbers. It lists specific allegations, such as payments without resolutions, missing vouchers or accounts not audited, and attaches the supporting papers: audit remarks, bank statements, minutes and correspondence. Complaints of a single member can still go to the Registrar, but he is not bound to order a full inquiry on them. The result is communicated to the society (s.83(4)). For what follows, see disputes_forums-312. Where the Registrar orders an inquiry on his own, he can require the society to deposit the cost within fifteen days (s.88A).

Question 13

The inquiry report found irregularities. What can the Registrar do next, and can the committee be made to repay money?

Accepted Answer

The Registrar can point out the defects and order the society or its officers to remedy them within a set time; the society can appeal that order to the State Government within sixty days. Where money was misapplied or there was misfeasance within five years, he can frame charges under s.88 and order the persons responsible to repay with interest. Section 87(1) lets the Registrar bring defects found in an inquiry (s.83) or inspection (s.84) to the society's notice and direct remedial action within a time limit. The society may appeal within sixty days to the State Government (s.87(2)-(3)). If it neither appeals nor rectifies, the Registrar can get the defects rectified and recover the cost from the officers at fault (s.87(4)). Section 88 goes further. It applies where an audit, inquiry, inspection or winding up shows that a person who took part in managing the society, or a past or present officer, misapplied or retained its money or property, or was guilty of misfeasance or breach of trust. The act must fall within five years before the audit, inquiry or inspection began. The Registrar or an authorised person frames charges, gives a hearing, and can order repayment with interest or compensation, with costs (s.88(1)-(2)). This runs even if the act is also a crime (s.88(3)). The High Court has held that a s.88 order needs such a report as its foundation (Sudhir Diwan; see disputes_forums-003). An order under s.88 is appealable under s.152 within two months. It is executable under s.98.

Question 14

What is the difference between a section 83 inquiry, a section 84 inspection and a section 89A inspection?

Accepted Answer

A s.83 inquiry examines the society's constitution, working and finances, on the Registrar's motion or on one-third of the members' application. A s.84 inspection looks at the books of a society in debt, on a creditor's application. A s.89A inspection is the Registrar's routine supervision: whether the Act, Rules and bye-laws are followed and the books are kept properly. Section 83 is the heavy tool. It is a fact-finding inquiry with power to summon and examine on oath (s.89), a cost deposit (s.83(2)) and follow-up under ss.87-88 (see disputes_forums-311 and -312). Section 84 serves a creditor. The creditor must show that a debt is due and unpaid despite demand, and deposit security for costs. The result goes to the creditor and the society (s.84(1)-(2)). For Government-aided societies it can also be done on the Registrar's own motion (s.84(4)). Section 89A lets the Registrar inspect, or have inspected, any society to check four things: the Act, Rules and bye-laws are followed; records and books are kept in proper form; the business runs on sound principles; and co-operative principles and Government directions are followed (s.89A(1)). He has access to all records at all times and can summon the custodian to produce them (s.89A(2)). The State may levy supervision fees (s.89A(3)-(5)). For a member, a complaint about unkept registers, missing minutes or unaudited accounts often leads first to a s.89A inspection or a direction under s.154B-21. A s.83 inquiry needs one-third of the members or serious prima facie material. Defects found in a s.83 inquiry or s.84 inspection are followed up under s.87, and misapplication of money under s.88.

Question 15

We fear the old committee will destroy or hide the society's records and funds. Can the Registrar seize them?

Accepted Answer

Yes. If records are likely to be suppressed, tampered with or destroyed, or funds misappropriated, the Registrar can apply to the Executive Magistrate for police seizure. In urgent cases the Registrar or a District Deputy Registrar can order seizure directly, with police help. A retiring chairman who will not hand over charge can be directed to do so and prosecuted. Section 80(1)-(2): the Registrar or his authorised person applies to the Executive Magistrate, who can authorise a police officer not below sub-inspector to search and seize the records and property and hand them to the Registrar. Section 80(3): where immediate action is needed, or the Magistrate is not available for three days, or records or funds are in immediate danger, the Registrar or an officer not below District Deputy Registrar may order seizure himself. He may enter and search premises after reasonable notice, and the officers of the society must deliver the records. The police must assist on request. Section 160 deals with handover after an election. The retiring chairman must hand over charge and all papers and property to the new chairman. If he does not, the Registrar can direct him in writing to do so forthwith. Non-compliance is punishable with up to one month's simple imprisonment or a fine up to Rs 500, and the Registrar can have the records seized under s.80. BL 123 and dBL 119 repeat this. The draft sets fifteen days for the handover and a written notice procedure. What to send the Registrar: the election result, letters demanding handover, a list of what is missing, and any evidence of the risk, such as a message about shredding or a bank withdrawal.

Question 16

A former treasurer refuses to answer the Registrar's inquiry officer or produce the society's papers. What can be done?

Accepted Answer

Officers, members and past members must give the inquiry officer the information and papers in their custody. The Registrar can summon them like a civil court, and can penalise a refusal with up to Rs 500. Failing to produce records or assist in certain proceedings is also an offence under the Act. Section 83(3)(a) obliges all officers, members and past members of the society, and anyone else holding its information or papers, to furnish information, produce the books in their custody and give reasonable assistance. Under s.83(3)(b), a refusal can be certified and, after hearing the defaulter, punished with a penalty up to Rs 500. That penalty is recoverable through a Magistrate as a fine. Section 89 gives the Registrar or his authorised person, acting under ss.83, 84 or 88, the civil-court powers to summon, examine on oath or affidavit and compel production of documents. Section 146(g) makes it an offence for an officer or member to fail to furnish information, produce books or assist a person appointed under ss.78, 81, 84, 94 or 103 (fine up to Rs 500 under s.147(g)). Section 146(p) punishes destroying, tampering with or falsifying the society's books, with imprisonment up to three years or fine (s.147). Prosecutions under the Act need the Registrar's sanction (s.148(3)). The society should write to the former officer listing the papers, keep proof of delivery, and give the inquiry officer that trail.

Question 17

The Deputy Registrar's office is not acting on my complaint. Who is above him in the Co-operation Department?

Accepted Answer

Housing societies are supervised by the Assistant or Deputy Registrar for the ward or taluka. Above that are the District Deputy Registrar, the Divisional Joint Registrar, and the Commissioner for Co-operation and Registrar in Pune. The State Government, through the Co-operation Department, hears appeals and revisions against the senior officers' orders. The Act gives the "Registrar's" powers to officers by delegation, so the officer who deals with your society is usually the Assistant or Deputy Registrar with jurisdiction over it. Practical escalation: - write again to the same office, quoting your earlier inward number, and ask for a hearing date; - write to the District Deputy Registrar with copies of the complaint and the delay; - then the Divisional Joint Registrar, and finally the Commissioner for Co-operation and Registrar. Where the officer has passed an order, the remedy is an appeal under s.152 or a revision under s.154 (see disputes_forums-308), not another complaint. Where he refuses to exercise a power the law gives him, the High Court has intervened in writ (Legacy CHS; see disputes_forums-005). The State Government's online grievance channels, and the Co-operation Department's own portals, can be used alongside written complaints. Keep every acknowledgement. For documents the Registrar holds, an RTI application to the Registrar's office is available (see records_rti_privacy-003).

Question 18

How do I file a consumer complaint against my housing society — which commission, time limit and fee?

Accepted Answer

File in the District Consumer Commission where you live or where the society is, within two years of the cause of action. Online filing is available. For amounts paid up to Rs 5 lakh there is no filing fee. Show a service paid for and a deficiency in it, and do not run the same grievance in the Co-operative Court at the same time. Under the Consumer Protection Act 2019 a complaint lies about a deficiency in a service availed for consideration. Pecuniary limits go by the value of consideration paid: District Commission up to Rs 50 lakh, State Commission above Rs 50 lakh up to Rs 2 crore, National Commission above that (limits revised by the 2021 Jurisdiction Rules). A complaint may be filed where the complainant resides or works (s.34(2)). The limit is two years from the date the cause of action arose, with condonation for sufficient cause (s.69). Filing is possible online on the e-Daakhil system. The Commission may refer the parties to mediation (s.37). What fits: charges for a service not rendered, refusal of a facility the member pays for, a levy the member says is unlawful. What fits badly: elections, validity of resolutions, membership, which are Co-operative Court or Registrar matters. Whether a member is a "consumer" of the society has been decided both ways; the Supreme Court and the NCDRC have treated the remedy as additional (see disputes_forums-002). Attach bills and receipts, correspondence, the society's reply and a short chronology.

Question 19

We think committee members misappropriated society money. Should we go to the police, the Registrar, or both?

Accepted Answer

Both routes exist and they run independently. Misappropriation is a criminal offence, and an FIR does not need the Registrar's sanction. The Registrar can separately order an audit or inquiry and make the persons responsible repay under s.88. Get the facts first, usually from the audit, so that the complaint is specific. Criminal breach of trust, cheating and falsification of accounts are offences under the Bharatiya Nyaya Sanhita 2023, which replaced the IPC from 1 Jul 2024. A complaint goes to the police station with jurisdiction. The requirement of the Registrar's previous sanction in s.148(3) applies to prosecutions for offences under the MCS Act itself, such as s.146(p) (tampering with or falsifying the society's books). It does not apply to offences under the general criminal law. The co-operative route recovers the money. An audit under s.81 (a special audit can be asked for), an inquiry under s.83 or an inspection can lead to charges and a repayment order under s.88. That order covers acts within five years before the audit or inquiry began, and runs even if the act is also a crime (s.88(3)). Misappropriation is on the Registrar's list of complaint subjects (BL 173(a)(xiii); dBL 190(A)(xii)). Practical order: obtain the audit report and the vouchers under s.154B-8, ask the auditor to report the specific entries, then complain. A complaint built on audit findings is far more likely to be registered and to succeed. Consult an advocate before naming individuals.

Question 20

When should we NOT file a police complaint in a society quarrel?

Accepted Answer

Do not use the police to press a civil claim: unpaid maintenance, a parking allotment, a leakage repair, a disputed bill or the validity of a resolution. These belong to the Registrar, the Co-operative Court or the civil court. The Supreme Court has deprecated using criminal prosecution to pressure a party in a civil dispute. In Indian Oil Corporation v NEPC India (2006) the Supreme Court said that an effort to settle civil disputes, which do not involve a criminal offence, by applying pressure through criminal prosecution should be deprecated and discouraged (para 10). Complaints of that kind risk being closed, and a complainant who knowingly files a false case can face action. The bye-laws send police matters to the police: nuisance by unauthorised users, threats and assault, and criminal offences on the premises (BL 173(e); dBL 190(E)). Everything else has its own forum: - dues: the Registrar under s.154B-29 (defaulters_recovery entries); - repairs, leakage, parking, charges, resolutions: the Co-operative Court under s.91; - records not supplied: the Registrar under s.154B-8; - builder and title: the civil court, consumer commission or MahaRERA. A police complaint is right where there is violence, a threat, theft, damage to property, harassment of a woman or a child, forgery, or misappropriation (see disputes_forums-318 and -320).

Question 21

A resident threatened or assaulted a member, a committee member or a guard. What is the right police step?

Accepted Answer

Go to the police station for the area at once. For a cognizable offence, such as hurt or criminal intimidation, the police must register an FIR. For a non-cognizable matter they record it and refer you to the Magistrate. The society should record the incident, preserve CCTV and support the victim, but the complaint is the victim's. Threats, harassment and assault are police matters under both sets of bye-laws (BL 173(e)(ii); dBL 190(E)(ii)-(iii)). Since 1 Jul 2024 the Bharatiya Nagarik Suraksha Sanhita 2023 governs FIRs. Information about a cognizable offence must be recorded, and can also be given electronically and then signed. For a non-cognizable offence the police enter it and refer the informant to the Magistrate (commonly called an "NC complaint"). For the society: - write an incident note the same day: time, place, persons, witnesses; - preserve the CCTV clip and hand a copy to the investigating officer on written request (see
  records_rti_privacy-318);
- do not publish the footage or names on WhatsApp; - if the aggressor is a member, the committee can separately consider bye-law action for nuisance
  (BL 47; dBL 166) or, in grave cases, expulsion under s.35 (three-fourths of members present and voting,
  with the Registrar's approval).
A guard or staff member who is assaulted is protected by the same law; the society should not ask them to "settle" it.

Question 22

Must we try mediation or settlement before going to the Registrar or the Co-operative Court?

Accepted Answer

Not as a legal precondition for a s.91 dispute. The draft 2026 bye-laws ask the society to try amicable settlement through discussion and mediation first, and let larger societies form a Grievance Redressal Committee. Consumer commissions can refer parties to mediation, and a settlement in a Lok Adalat is final. Sections 91-94 contain no compulsory mediation step. The 2014 bye-laws require only a written complaint to the committee first (BL 171-173). The draft 2026 bye-laws add dBL 188: the society shall endeavour to resolve disputes amicably through discussion, mediation and mutual understanding before escalation, and the committee or the Grievance Redressal Committee may facilitate settlement. A society of more than 50 members may constitute that committee by general-body resolution (dBL 187). The draft also lets the housing federation assist with non-cooperation and communication issues (dBL 190(G)). Outside the society: a District Consumer Commission may, with the parties' written consent, refer a complaint to mediation (Consumer Protection Act 2019 s.37). A settlement recorded in a Lok Adalat under the Legal Services Authorities Act 1987 is deemed a decree and is final. The Mediation Act 2023 provides for voluntary pre-litigation mediation (s.5) and community mediation (ss.43-44), but in the official consolidated text (as on 6 Oct 2025) only ss.1, 3, 26, 31-38, 45-47, 50-54 and 56-57 had been brought into force (from 9 Oct 2023); those two routes were not yet in force. A written settlement should state the terms, the dates and what happens on default. If a s.91 dispute is pending, file it in the court so that the court can record it.

Question 23

A member keeps posting allegations about the committee on the society WhatsApp group. Is that defamation, and what can the committee do?

Accepted Answer

Honest criticism of how the society is run, made in good faith and in measured words, is usually protected. False statements of fact that harm someone's reputation can be defamation, a civil wrong and a crime, but the case belongs to the person defamed, not to the society. Answer with facts and records first. Defamation is an offence under the Bharatiya Nyaya Sanhita 2023, and the court takes it up only on a complaint by the person aggrieved. A civil suit for damages is a separate remedy. Both are personal to the individual whose reputation is harmed. The society as a body can act only where it is itself defamed, and then by a committee resolution. The law protects good-faith statements made to protect one's own or others' interests, or for the public good. In Shahed Kamal v A. Surti Developers (2025) the Supreme Court quashed a developer's defamation case against flat buyers who put up a banner about unformed society, leakage and lifts. It looked at the careful choice of words, the avoidance of abusive language and the peaceful manner of protest (paras 17, 22). Practical steps for the committee: - reply on the group with facts and offer inspection of the records under s.154B-8; - keep the group for notices and set simple posting rules adopted by the general body; - keep screenshots with dates if an individual wants to take advice; - do not threaten members with police action for criticism (see disputes_forums-319).

Question 24

As admin of the society WhatsApp group, am I liable for offensive or defamatory messages that members post?

Accepted Answer

Not merely for being the admin. The Bombay High Court has held that a group administrator is not vicariously liable for a member's objectionable post unless there was a common intention or prior plan. Remove offensive posts when you see them and do not forward them. In Kishor Tarone v State of Maharashtra (2021) the Nagpur Bench quashed a case against a group admin for a member's objectionable post. It held that "a group administrator cannot be held vicariously liable for an act of member of the group, who posts objectionable content, unless it is shown that there was common intention or pre-arranged plan" (para 8). The court noted that an admin cannot regulate content before it is posted. That protects the admin, not the author. The member who posted remains answerable. An admin who adds a comment endorsing it, reposts it elsewhere or acts together with the author can be in a different position. Good practice: - adopt short group rules at a general meeting: purpose, no abuse, no personal data, no forwards
  about individuals;
- delete posts that break them and note why; - keep the official notice channel separate from chat; - do not post other members' dues, phone numbers or documents (see records_rti_privacy-312).

Question 25

Can the committee fine or expel a member for abusive posts or repeated frivolous complaints?

Accepted Answer

The committee alone cannot. Under the 2014 bye-laws only the general body can impose a penalty for a breach of the bye-laws, after a show-cause notice and hearing, up to Rs 5,000 a year in total. Expulsion needs three-fourths of the members present and voting and the Registrar's approval. The draft 2026 bye-laws add action for malicious complaints, after a hearing. BL 164(a): the general body may prescribe penalties for breaches of the bye-laws. The Secretary, on the committee's instructions, points out the breach. If it continues, the committee issues a show-cause notice. The general body, after hearing the member, may levy a penalty not exceeding Rs 5,000 in total in a financial year. Penalties must be reasonable and equal for all erring members (BL 164(b)). Expulsion is under s.35(1): for acts detrimental to the interest or proper working of the society, by a resolution of at least three-fourths of the members entitled to vote who are present, after the member has had an opportunity to represent his case, and effective only on the Registrar's approval. An expelled member cannot be readmitted for a year (s.35(2)). The draft 2026 bye-laws say complaints must be made in good faith. If one is found false, frivolous or malicious, the committee may take action under the bye-laws after a hearing (dBL 192). Criticism is not a breach. A penalty or expulsion used to silence dissent is open to challenge under s.91 or an appeal under s.152. Keep to a written charge, a hearing and a reasoned decision.

Question 26

Which disputes go to the Co-operative Court?

Accepted Answer

Disputes that touch the society's constitution, management or business, between the society, its committee, members, past members or persons claiming through them. Examples are challenges to general-body or committee resolutions, repairs and leakage, parking, allotment, unequal water supply, excess recovery and election disputes after the result. These go to the Co-operative Court under s.91, not to a civil court. Section 91 channels such disputes to the Co-operative Court. Section 163(1)(b) bars civil and revenue courts from any dispute that must be referred to it. The Supreme Court set the classic tests in Deccan Merchants (1968). The dispute must touch the society's "business", meaning the actual activities it exists to carry on. It must also be between the right parties: a person "claiming through a member" means claiming through the member's dealings with the society as a member (paras 14-15, 22-24). For a housing society, its business includes managing, maintaining and allotting the building and its common areas. BL 173(b) lists typical Co-operative Court matters. It also lists what goes elsewhere: - the civil court: builder's breach of agreement, poor construction, conveyance; - the municipal corporation: unauthorised construction, water supply; - the police: nuisance, threats; - the Registrar: an enumerated list, see disputes_forums-003. In Sudhir Diwan (Jun 2026) a Division Bench held that a member's grievance about the chairman's conduct in the society's affairs is a s.91 dispute, and declined writ relief on it. An appeal from the Co-operative Court lies to the Maharashtra State Co-operative Appellate Court. Consult an advocate on limitation (s.92).

Question 27

Can a member file a consumer complaint against the society?

Accepted Answer

Often yes. The Supreme Court has held that a remedy under the Consumer Protection Act is in addition to the co-operative law remedies. Consumer commissions have entertained members' complaints about society services and charges. Choose one forum and do not run the same grievance in two. In Thirumurugan (2003) the Supreme Court held that consumer fora can hear a member's complaint against a co-operative society despite the co-operative Act's dispute machinery. The reason is that the consumer remedy is additional (CPA 1986 s.3; now s.100 of the CPA 2019). Maharashtra examples: - In OLVPS CHS (2014) the State Commission applied Thirumurugan to a member's complaint about a
  charge for pets using the lift.
- In Anil Khemchand Advani v Sunmist CHS (2024-25) a State Commission first held that a member
  is not a consumer. The NCDRC later set that aside and sent the complaint back.
Consumer commissions are wary where the member has already used the co-operative remedy. The NCDRC's decision in N.B. Mhatre v Gurukripa CHS, noted in OLVPS, is an example. A complaint must show a service for consideration and a deficiency. Internal governance disputes, such as elections and the validity of resolutions, fit the Co-operative Court better.

Question 28

What can the Deputy Registrar do on a member's complaint, and what can't he do?

Accepted Answer

The Registrar supervises. He can direct the society to comply with the Act and bye-laws, for example to supply documents, hold the AGM or record a nomination. He can penalise and disqualify for some defaults, and order audits, inquiries and inspections. He does not decide civil disputes between members and the society; those go to the Co-operative Court. BL 173(a) lists Registrar matters: - share certificates, refusal of membership and nominations; - non-occupancy charges and excess transfer premium; - non-supply of copies, tampering with records, and books not kept; - late accounts, misappropriation, a defaulter on the committee; - investment without the general body's approval, and audit; - elections not held, AGM not held by 30 Sep, and returns not filed. His main powers: - directions to housing societies (s.154B-21) and penalties on the society for not following
  them (s.154B-27);
- enforcement of obligations (s.79); - audit (s.81), inquiry (s.83), inspection (s.84) and surcharge (s.88); - recovery certificates (s.154B-29); - disqualification of committee members (ss.75(5), 154B-23); - filling a vacuum in the committee (s.77A). The Registrar cannot award damages or decide title. A complaint about how the chairman handled repairs is a s.91 dispute, not a Registrar matter (Sudhir Diwan). Orders of the Registrar can be challenged by appeal (s.152) or revision (s.154).

Question 29

Can the Registrar supersede our managing committee and appoint an administrator?

Accepted Answer

Usually not under ss.78 or 78A. Since 2013 those powers do not apply to a society with no Government shareholding, loan, financial assistance or guarantee, and most housing societies have none. Where the committee has collapsed, the Registrar can act under s.77A, preferring members of the society before an outside officer. Section 78 (suspension) and s.78A (supersession) each carry a proviso excluding societies with no Government shareholding, loan, financial assistance or guarantee. In Shree Shantiniketan 'C' CHS (2023) the High Court quashed an Assistant Registrar's s.78A supersession of a housing society's committee on that ground. The federal society had also not been effectively consulted. Section 77A covers failure to elect, a committee prevented from taking office, and a stalemate or vacuum in management. In Vijay Lakhi (2025) the High Court held that s.77A is graded. The Registrar must first consider appointing members to the vacancies, then a committee of up to three members. An outside authorised officer comes only if both are not possible, with reasons. Individual committee members can still be disqualified under s.154B-23 or s.75(5); see committee-003.

Question 30

Can we go straight to the civil court or the High Court against a society decision?

Accepted Answer

Generally no. A civil court cannot hear matters reserved to the Co-operative Court or the Registrar (s.163). A suit against the society on its business needs two months' prior notice to the Registrar (s.164). The High Court's writ jurisdiction is used sparingly where a statutory remedy exists. Section 163 bars civil and revenue courts from: - registration, bye-laws and dissolution of a committee; - disputes that must go to the Co-operative Court; - winding up. Orders under the Act, subject to appeal or revision, are final (s.163(3)). Civil courts still hear matters outside the Act, for example a builder's breach of the flat agreement or title disputes (BL 173(c)). In Sudhir Diwan (2026) the Division Bench refused writ relief on the issues that had statutory remedies (s.91, s.88, criminal procedure). It granted only a direction to supply documents under ss.32 and 154B-8. In Legacy CHS (2024) the High Court did intervene where the Registrar had refused to exercise his jurisdiction at all.

Question 31

Does a society need to go to the Co-operative Court to recover maintenance?

Accepted Answer

No. The quicker route is a recovery certificate from the Registrar under s.154B-29, which overrides s.91. A s.91 dispute for recovery is still possible, and the High Court has held the two remedies can run independently. Section 154B-29 opens "notwithstanding anything contained in sections 91, 93 and 98". The High Court has called it a self-contained summary remedy (Aspandiar, para 18). A Registrar cannot push the society to the Co-operative Court because the case looks complicated (Legacy CHS). In Monarch Orchid (Jul 2026) a pending s.91 recovery dispute did not stop the society relying on s.154B-7 to refuse a transfer until the dues were paid. See defaulters_recovery-001 for the procedure.

Question 32

Where do we complain about unauthorised construction, a builder's defects or a neighbour's nuisance?

Accepted Answer

Complain to the municipal corporation about unauthorised construction and change of use. Take the builder to the civil court, the consumer commission or MahaRERA. Take threats and serious nuisance to the police. The committee also has bye-law powers on nuisance and encroachment. BL 173(c)-(e) assigns: - the civil court: builder's non-compliance, substandard construction, conveyance; - the municipal corporation: unauthorised construction, change of use, inadequate water supply,
  structural problems;
- the police: nuisance by unauthorised users, threats and assault. The committee acts on nuisance complaints under BL 47. Under BL 168(a), anyone encroaching on common areas vacates and pays five times the monthly maintenance for each month of encroachment. Buyers' claims against a promoter under RERA 2016 go to MahaRERA, a separate statutory forum not covered here.

Question 33

Can I complain to the Registrar online, for example through the "Sahakar Samvad" portal?

Accepted Answer

Yes. The Sahakar Samvad portal (sahakarsamvadhousingfed.in), linked from the Co-operation Commissioner's website, takes online complaints from members and prospective members of housing societies for a fee of ₹50 and lets you track them. It is run by the Maharashtra State Housing Federation, so for a matter within the Registrar's statutory powers also write to the Deputy or Assistant Registrar. First complain to the society in writing, and attach that complaint, the society's reply (or proof that 15 days passed without one) and supporting papers. The portal describes itself as a dedicated online platform to resolve complaints within co-operative housing societies in Maharashtra; it is an initiative of the Maharashtra State Housing Institution and Apartments Federation and is linked from sahakarayukta.maharashtra.gov.in. Matters needing a court or another authority are pointed to the right forum. The bye-laws set the order. A member first complains in writing to an office-bearer. The committee decides at its next meeting and communicates within 15 days. If the member is not satisfied, or hears nothing, he may approach the competent authority (BL 171-173; dBL 184-189). Matters for the Registrar include (BL 173(a); dBL 190(A)): - share certificates not issued, membership refused, nomination not registered; - non-occupancy charges or transfer premium above the limits; - copies of records not supplied, or records tampered with; - accounts not prepared, investment without general-body permission, misappropriation; - AGM, committee meetings or elections not held; returns not filed. Repair, leakage, parking and billing disputes are Co-operative Court matters (see disputes_forums-001). Keep the portal's acknowledgement number, and for anything that needs the Registrar's order send a signed written complaint to the Deputy Registrar's office for your ward or taluka (see disputes_forums-003).

Question 34

The committee says it will not hear my complaint until I clear my dues. Can it refuse like that?

Accepted Answer

Under the draft 2026 bye-laws, yes, for complaints about services, management or functioning. They need not be entertained unless the member has paid all undisputed dues. A dispute about whether the dues themselves are correct can still be raised separately. The 2014 bye-laws contain no such condition. dBL 184(c) says no complaint relating to services, management or functioning of the society shall be entertained unless the member has paid all undisputed dues, including maintenance, up to date. A proviso allows a dispute about the correctness or legality of the dues to be raised separately in accordance with law. That goes to the committee first and then, if needed, to the Co-operative Court (dBL 190(B)(ix)). So a member who disputes only the interest or one head should pay the rest and say so in writing. The complaint about services can then proceed. The draft also provides: - a Complaint Register; - acknowledgement within 3 days; - a decision within 15 days of the committee meeting, with urgent safety, essential-service and leakage
  matters within about 7 days (dBL 185-186);
- for societies above 50 members, an optional Grievance Redressal Committee of one committee member and
  two other members, which hears the parties and tries settlement (dBL 187);
- amicable settlement before escalation (dBL 188). Under the 2014 bye-laws (BL 171-173) any written complaint must be decided at the next committee meeting, whatever the member's dues. Check which bye-laws your society has adopted.

Question 35

Is there a time limit for taking a dispute with the society to the Co-operative Court?

Accepted Answer

Yes. An election dispute must be filed within two months of the result. A dispute about an act or omission between the society and a member, officer or employee must be filed within six years of that act. Other disputes follow the Limitation Act as if they were civil suits. The Court may admit a late dispute if sufficient cause is shown. Section 92 of the Act, overriding the Limitation Act 1963 where it applies: - (1)(a) the society's claim to recover a sum due from a member runs from the date the member dies or
  ceases to be a member;
- (1)(b) a dispute between the society or its committee and a past or present officer, agent, servant,
  member, or the nominee or heir of one, about an act or omission, is limited to six years from that act or
  omission;
- (1)(c) where the society is being wound up or has an administrator or nominated committee under s.77A or
  s.78, six years from that order;
- (1)(d) a dispute about the election of the committee or officers, two months from the declaration of the
  result;
- (2) any other s.91 dispute follows the Limitation Act, treating the dispute as a suit and the Co-operative
  Court as a civil court;
- (3) the Court may admit a dispute after the period if the applicant shows sufficient cause. The society's summary recovery of maintenance under s.154B-29 is a separate procedure. It is not governed by s.92 (see disputes_forums-006 and defaulters_recovery-001). For a continuing problem, such as a leak that keeps recurring, the relevant date can be arguable. Do not wait. Take an advocate's advice on limitation before filing.

Disputes & where to goवाद व न्यायमंच