Legal Question in Real Estate Law in India

majority member harassment in housing societies

I have lived in the above mentioned society since the last 12 yrs. The society has 5 bldgs. A, B, C, D and E with 16 flats each. Only the A bldg has 3 bedroom flats whereas the remaining bldgs.4 bldgs. have 2 bedroom flats. That is the majority of 64 members against the minority of 16 members.

The society is now 17 yrs. old and since the formation of the society the members of �A� bldg. are made to pay much more (one and a half times) towards the service charges. The minority members have repeatedly taken up the matter at AGM�s to charge the same service charges to all members equally, according to the byelaw 69 (a)(vi). However the majority members always have their own way.

In December 2001 we had called an SGM to sort out at the meeting the above issue of service charges and it was decided at the meeting that the society shall adopt the byelaws and accordingly service charges shall be charged equally to all members. That was followed for one year. However, from 2002/03 the majority members once again bullied their way at the subsequent AGMs. And members of �A� bldg have been charged once again much more than the members of the B, C, D, E bldgs

what can we do to avoid this continual harassment by majority members?


Asked on 9/29/04, 1:46 am

2 Answers from Attorneys
Jayesh Desai Jayesh Desai

Re: majority member harassment in housing societies

You can apply under Mah. Coop. Scty's Act to your ward's Dy. Registrar to subdivide the society, and separate building consisting 3 bedroom flats from the rest. This will stop your problem once and for all.

Bombay High Court has given Judgement (His Honour Justice Lodha's Judgment)in which society was bifurcated.

I hope this explains - please conatct a lawyer who deals in coopartive law to handle this.

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Answered on 9/30/04, 4:04 am
Mohit Suri Mlegal: The International law firm in India

Re: majority member harassment in housing societies

You can apply under Mah. Coop. Scty's Act to your ward's Dy. Registrar to subdivide the society, and separate building consisting 3 bedroom flats from the rest. Further if there has been irregularity in the functioning of the majority you can file a criminal case.

Bombay High Court has given Judgement (His Honour Justice Lodha's Judgment)in which society was bifurcated.

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Answered on 9/30/04, 8:09 am


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