Tuesday, September 28, 2021
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Intensive fights of co-operative housing society

The honour, safety and welfare of your country comes first always and every time;

The honour, safety and welfare of men you command come next;

Your own honour, safety and welfare come last always and every time.

A number of co-operative housing societies see acidic fights and lawsuit between members because of serious differences over many issues. Often, such issues are not given too much importance by the authorities, but to a suffering member, they become the cause of many problems. Committee members often misuse the power given to them forgetting that they are the elected body of that society and have no right to exceed their given powers. Outraging modesty, using indecent words, rumours by committee to tarnish the image of a member is heinous crime and it’s punishable under criminal procedure code and if the offence is proven one may be entitled for damages and compensations against the mental and reputational damage.

While, there is a provision under the bye-laws to consider every issue under co operative society act including charging on flat rate, the committee cannot unwillingly take the members’ concern into account. Under any circumstances, committee cannot deprive you of your basic rights such as protection, water and peaceful stay in your own accommodation. Moreover, its mandatory rule that the committee member if wish to visit any society member then they should seek an appointment and with due respect initiate the talk. No committee member has right to barge in any member’s house as per their own wish and convenience, same applies to the members too.

Sometimes, when the member persisted and refuses to follow the wrong impositions and atrocities by committee then they harass society member, by stopping their water supply and ask sanitary staff to unpick their garbage, asking security personals for non-cooperation and they form a group and gossip to vandalize your image. The forceful dirty trait becomes biggest favourite tool in committee members’ favour. As an alert citizen always record the conversation, seek written explanations and videograph such activities, which may help you in legal proceedings. Nowadays, mobile phones are best gadget with these required facilities. If you feel that you are wrongly targeted by them then to protect yourselves always capture the proceeding.

The biggest problem plaguing housing societies in the city is that no one — including the managing committee (MC) members — knows the process of law that governs housing societies. Everyone must know the law when they buy a house. Lack of knowledge of the law leads members to have a devil-may-care attitude. No one turns up for general body meetings. Attendance in big societies is a dismal 10-15 per cent. In elections, a show of hands is often considered enough to elect members; whereas the law clearly states that there should be a ballot system. In the long run, members don’t realise that they become the part of the mess created by their elected managing committee. In housing societies, issues are related to ego or money. Sometimes unscrupulous people get themselves elected to committees and with their authority and control of a society’s finances, they misuse the funds. The members have two choices: either give up or fight. In fighting they have to spend money, time and effort, which can all be avoided if they consciously participate in the co-operative process. Most Indian people get away with criminal mind sets, on the pretext of being practical. What goes on in these practical minds is just psychopathic criminal nonsense. Just to avoid being good and leading a life of values and morals, these practical losers will stoop to any level to get what they want.

Indians always put being practical before being moral and will necessarily be immoral in the guise of being practical. It’s a pity that they trap themselves into evil misdoings like that. However, even being educated and experienced, most Indians don’t let go off this obnoxious habit.

It’s the practical that people will cheat, lie, steal, and even backstab his friends and colleagues. I am a kind of idealist and realist and this kind of practical nonsense doesn’t go down well in my sensibilities. Over and above they claim to be practical, just to get approval of their criminal activities. We live in building which is formed as Co-operative housing society and practice their own cruelties by pouncing at weaker sections.

Always, update yourselves with the rules and regulations and raise voice against malpractice by the committee member in the society. This Diwali, I was surprised to see that many committee members were selling crackers from their flats. They were also selling Diwali snacks, candles and many such items from their respective residences. As per the societies bye laws, residential complex cannot be used for commercial purpose, unless there has been a resolution passed on to that by the Members at General Body Meeting. If this is happening in your building then ask for the copy of society bye laws booklet and look it up. It is important that one  has  to find out whether the  members have taken the legal permission of the Municipal Corporation for the change of user (residential to commercial). It is the civic body that determines whether shops can be permitted in your building bye laws and with reference to original ‘Building Plan’. It also indicates that our  Society bye laws do not allow/authorize shops without permission/resolution   strictly  by  us (the  members  of  the society and not  by  the Managing  Committee) at  the General  Body Meeting. So, it’s a little strange that in the absence of any authorization/permission from the General Body, this important decision of change of user has taken place. As far as cooperative laws are concerned, this is a case of gross violation, as no permission was taken before the change.

Every society should provide a copy of society bye laws booklet to its members and it should be mandatory.

(Any suggestions, comments or dispute with regards to this article send us on [email protected])

Dr Vaidehi Tamanhttp://www.vaidehisachin.com
Dr Vaidehi an Accredited Journalist from Maharashtra is bestowed with Honourary Doctorate in Journalism, Investigative Journalist, Editor, Ethical Hacker, Philanthropist, and Author. She is Editor-in-Chief of Newsmakers Broadcasting and Communications Pvt. Ltd. for 11 years, which features an English daily tabloid – Afternoon Voice, a Marathi web portal – Mumbai Manoos, monthly magazines like Hackers5, Beyond The News (international) and Maritime Bridges. She is also an EC Council Certified Ethical Hacker, Certified Security Analyst and is also a Licensed Penetration Tester which caters to her freelance jobs.

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