DISTRICT CONSUMER FORUM ON HOUSING SOCIETY CAN ALLOT ONLY ONE CAR PARKING SPACE TO EACH MEMBER

The Suburban District Consumer Forum while dismissing complaint of one of the members residing at Dheeraj Enclave Tower at Borivli (East) has recently ruled that a Co-operative Housing Society is not bound to provide more than one parking space to a member. The member had chal¬lenged a penalty which was levied on him by the Society for park¬ing his two more cars in addition to the one for which parking space had been provided.

The said member was allotted only one car parking space in the Society’s premises. It is reported that he purchased a second car in the year 2011 and a third car, a year later. For parking of both these additional cars, the Society charged the said member Rs.500/- as penalty since no approval was accorded by the Society to park his additional cars.

The Dheeraj Enclave Tower Society, on August 2nd 2014, passed a resolu¬tion and enhanced the penalty from Rs.500/- to Rs.2,000/- and also asked all its members who owned more than one car, to park the additional cars out¬side the Society premises from August 31st 2014.

While disobeying the directives of the Society, the delinquent member did not move his two additional cars outside the Society. Hence, the Society levied penalty at the rate of Rs.500/- per car per day.

The member then approached the Suburban District Consumer Forum, seeking the cancella¬tion of extra parking charges and penalty. The Forum rejected the complaint noting that in compliance of rules the Co-operative Housing Society has provided parking space for one car of the complain¬ant and it is not bound to pro¬vide parking spaces for more than one vehicle for its mem¬bers.

The Forum said that the complainant was using the premises of the Society for parking his additional vehi¬cles without the permission of the Society and therefore, the penalty was levied.

While dismissing the complaint, the Forum observed that the dispute appears to be about the penalty imposed by the Housing Soci¬ety on the complain¬ant and not about providing any service by the Society and therefore, the dis¬pute does not fall within the purview of the Consumer Protection Act. The ruling of the Forum is given hereunder:

CONSUMER DISPUTES REDRESSAL FORUM,MUMBAI SUBURBAN DISTRICTADMINISTRATIVE BLDG,NEAR DR.BABASAHEB AMBEDKAR GARDEN,BANDRA (E), MUMBAI-400051Complaint Case No. CC/278/2015

MR. VIJAY PANDIT
Flat no. 302, tower 1a, Dheeraj
Enclave, opp. Bhor Industries, Off
Western Express Highway, Borivali
East, Mumbai - 400 066 ...........Complainant (s)

Versus

DHEERAJ ENCLAVE TOWER CO-OP. HOUSING SOCIETY

Through its Hon’ble Chairman
Secretary, Regd. No. MUM/WR/HSG/
TC/11715/2002/2003/2002 Opp.
Bhor Industries, Off Western Express
Highway Borivali East, Mumbai - 400066
............Opp. Party

BEFORE:

HON'BLE MR. A.Z.TELGOTE PRESIDENTHON'BLE MRS. KIRTI KULKARNI MEMBERHON'ABLE MR. S.R.SANAP MEMBER

For the Complainant:
For the Opp. Party:

ORDER dated 16/09/2015आदेश - मा. श्रीमती. किर्ती कुलकर्णी, सदस्या.- ठिकाणः बांद्रा (पूर्व), मुंबईनिशाणी 1 वर आदेश

1. मंचाकडून तक्रारीचे व सोबत दाखल केलेल्या कागदपत्रांचे वाचन करण्यात आले.

2. तक्रारदाराची तक्रार थोडक्यात अशी आहे की, तक्रारदार हे सामनेवाले गृहनिर्माण सोसायटीचे सभासद आहेत. तक्रारदाराकडे पूर्वी 2005 मध्ये एक कार होती व नंतर त्यांनी सन 2011 मध्ये दुसरी कार खरेदी केली. सामनेवाले यांनी तक्रारदाराला त्यांच्या कारसाठी पार्कींगची जागा उपलब्ध करून दिली होती व दुस- या कारसाठी रू.500/-,चॉर्ज केले होते. तक्रारदाराने नंतर सन 2012 साली तिसरी कार खरेदी केली. सामनेवाले सोसायटीने सभासदांच्या दुस-या कारसाठी चॉर्ज केलेल्या रू. 500/-,मध्ये वाढ करून त्याऐवजी रू.2,000/-,चॉर्ज करण्याचे ठरविले व तसा ठराव दि. 02/08/2014 रोजी मंजूर केला. सामनेवाले यांनी तक्रारदाराला व दोन वाहनाचे मालक असलेल्या इतर सभासदाला त्यांचे दुसरे वाहन इतरत्र पार्क करण्यास सांगून दि.31/08/2014 पूर्वी तिथून हलविण्यास सांगीतले मात्र तक्रारदारानी त्यांचे दुसरे व तिसरे वाहन पार्कीगच्या जागेमधून हटविले नाही व त्यामुळे सामनेवाले यांनी दि. 01/09/2014 बिलात दुस-या व तिस-या कारच्या पार्कींगपोटी प्रत्येकी प्रतिदिन रू.1,000/-,या दराने दंड आकारला व तक्रारदाराला त्यानूसार पुढील बिल देण्यात आले व त्यावर नाराज होऊन तक्रारदाराने प्रस्तुतची तक्रार दाखल केली. सामनेवाले यांनी बसविलेले पार्कींग चॉर्जेस व पार्कीग पेनॉलटी नियमीत करण्यात यावी अशी विनंती तक्रारदाराने प्रस्तुत तक्रारीत केली.

3. तक्रारदाराचा दाखलपूर्व युक्तीवाद ऐकण्यात आला व अभिलेखावर उपलब्ध असलेल्या कागदपत्राचे वाचन करण्यात आले. तक्रारदार हे सामनेवाले गृहनिर्माण संस्थेचे सभासद आहेत हे त्यांनी दाखल केलेल्या शेअर सर्टिफिेकेटवरून दिसून येते. तक्रारदाराकडे आजमितीस एकुण 3 कार आहेत. सामनेवाले यांनी तक्रारदाराच्या एका कारसाठी पार्कींगची जागा अधिकृतपणे उपलब्ध करून दिली व त्यासाठी दरमहा केवळ रू.150/-,आकारले. हे तक्रारदाराच्याच कथनावरून निदर्शनास येते. मात्र, तक्रारदाराने आपले दुसरे व तिसरे वाहन देखील सोसायटीच्या कम्पांऊमध्ये पार्क केले. सोसायटीने सदर वाहनासाठी प्रत्येकी रू. 2,000/-,चॉर्ज केले व तक्रारदाराला त्यांचे दुसरे व तिसरे वाहन सदर जागेतुन हटविण्यास सांगीतले परंतू तक्रारदाराने त्यास प्रतिसाद न दिल्यामुळे सामनेवाले यांनी त्यांच्या वर दंड आकारला हे उपलब्ध कागदपत्रांवरून दिसून येते. वरील बाबी लक्षात घेता हे स्पष्ट होते की, तक्रारदार व सामनेवाले यांच्यामध्ये पार्कींगच्या जागे संदर्भात व तिचा वापर केल्याबद्दल आकारलेल्या दंडाच्या संदर्भात वाद आहे. सामनेवाले यांनी तक्रारदाराला त्यांच्या एका वाहनासाठी नियमानूसार पार्कींगची जागा उपलब्ध करूनदिली आहे व त्याबाबत उभयतामध्ये कुठलाही वाद नाही. असे असतांना तक्रारदार हे त्याच्या इतर दोन कारसाठी देखील सोसायटीची जागा सोसायटीच्या परवानगीशिवाय वापरत आहेत. उभयतामधील वाद हा सेवा पुरविण्याच्या संदर्भात असल्याचे दिसत नाही. सदरचा, वाद हा ग्रा.सं.कायदयाच्या कक्षेत येणारा नाही. कारण, सामनेवाले यांनी तक्रारदाराला नियमानूसार एका वाहनासाठी पार्कींगची जागा उपलब्ध करून देऊन योग्यप्रकारे सेवा दिली आहे. सभासदांच्या एकापेक्षा जास्त वाहनासाठी पार्कींगची जागा उपलब्ध करून देणे सोसायटीवर बंधनकारक नाही. सभासदाकडे अतिरीक्त वाहने असल्यास त्यांच्या पार्कींगच्या जागे संदर्भात शुल्क वसुल करणे ही बाब सोसायटीच्या कामकाजाशी निगडीत आहे व अशाप्रकारचा वाद ग्रा.सं.कायदयाच्या कक्षेत येत नाही. सबब, प्रस्तुतची तक्रार दाखल करून घेता येणे शक्य नाही. म्हणून मंच पुढीलप्रमाणे आदेश पारीत करीत आहे.

आदेश

1 ग्राहक क्रमांक 278/2015 फेटाळण्यात येते.

2. आदेशाची प्रत तक्रारदारांना विनामुल्य पाठविण्यात यावी.

[HON'BLE MR. A.Z.TELGOTE]
PRESIDENT

[HON'BLE MRS. KIRTI KULKARNI]
MEMBER

[HON'ABLE MR. S.R.SANAP]
MEMBER

 

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CAR PARKING - A MAJOR THREAT TO MUMBAI

The mounting population with progressive life style in major cities of India has now become a major threat for car parking issue which we confront almost every day in any corner of the city. Besides the problem of space for cars moving on the road, signaling and the greater issue is the space for a parked vehicle considering that private vehicles remain parked for most of their time.

Multi-level Parking systems for sometime have provided relief since they come with a number of advantages i.e. optimal utilization of space, lower maintenance and operational cost, lower construction cost, secure and environment-friendly nature, comfortable for the drivers, cost saving for builders by saving height or depth and many more.

Today, the need of the hour is to address the issue of parking or else, it may become unbearable for vehicle owners in the days to come. While all the other aspects of the public transportation system are generally addressed, the softer issue like car parking is being conveniently ignored by the civic authorities. This is experienced daily in lanes, by-lanes, offices, malls and even the Mantralaya. It is time to find viable options to the problem.

In Housing Societies in Mumbai, the Developers provide a parking space as per the provisions of the Development Control Regulations (DCR). Parking space is not counted in FSI calculation and is the property of the Society. Parking space limitation (numbers) is decided by the Lay-Out-Plan (LOP) as sanctioned by the civic body i.e. MCGM. There are various types of car parking in Housing Societies which are explained hereunder:

STILT PARKING - A pair of poles with foot-rests, enabling the user to walk with feet at a distance above the ground; piles or posts on which a building stands.

OPEN PARKING - An area forming an integral part of a plot left open to the sky.

GARAGE – PRIVATE - A closed and lockable premises in a Society being a part of FSI spared for housing a car.

GARAGE - PUBLIC – It means a building or portion thereof, designed other than as a private garage, operated for gain, designed and or used for repairing, servicing, hiring, selling or storing or parking motor driven or other vehicles.

PODIUM PARKING – It is a building or part thereof which is designed specifically by constructing drive way slop/ramp on a number of floors or levels on which parking takes place.

BASEMENT PARKING – The basement parking space type refers to parking located below grade within an occupied building. This involves additional excavation, structural frame, floor slabs above, sloped vehicle access ramps and basement perimeter walls and partitions separating parking from other building enclosed areas.

AUTOMATED PARKING – An automated (car) parking system (APS) is a mechanical system designed to minimize the area and/or volume required for parking cars. Like a multi-story parking garage, an APS provides parking for cars on multiple levels stacked vertically to maximize the number of parking spaces while minimizing land usage. The APS, however, utilizes a mechanical system to transport cars to and from parking spaces (rather than the driver) in order to eliminate much of the space wasted in a multi-story parking garage.

STAKED/MULTI LEVEL PARKING - Auto Stacker is a machine that parks cars in a stack, using a combination of conveyor belts and lifts to move vehicles from ground level to an upper level. It is, effectively, an automated multi-storey car park and is often found in car showrooms, workshops and petrol stations.

PUBLIC PARKING PLACE (PPP) - Under DC Rule 33(24), new constructions on a plot of over 1,000 sq. meters in the island city and over 2,000 sq. meters in the suburbs can get FSI of up to 4 if the Developers construct over 50 parking lots and hands them over to the BMC for free. Following this, many Developers had come forward to avail the extra FSI. However, the Development Control Rules restrict the construction of such parking lots up to ground plus four floors.

ON STREET PARKING - On street parking means the vehicles are parked on the sides of the street itself. This will be usually controlled by government agencies itself. Common types of on-street parking are as listed below. As per IRC the standard dimensions of a car is taken as 5× 2.5 m and that for a truck is 3.75× 7.5 m.

OFF STREET PARKING - Off street parking means vehicles are parked off the street itself i.e. in gullies. This will be usually controlled by private commercial agencies itself.

PARALLEL PARKING - The vehicles are parked along the length of the road. Here there is no backward movement involved while parking or non-parking the vehicle. Hence, it is the safest parking from the accident perspective. However, it consumes the maximum curb length and therefore, only a minimum number of vehicles can be parked for a given kerbed length. This method of parking produces least obstruction to the on-going track on the road since least road width is used.

ANGULAR PARKING - The vehicles are parked at an angle. It may be a 30 degree angle or 45 degree. The vehicles can be easily reversed if parked at an angle. Hence, proving as an efficient Parking System in case of vehicular circulation, the major drawback of “Angular Parking System” is that it requires larger space for parking than required for parallel parking. Hence this system is adopted where the space is available in plenty.

a) Parking Rules
Co-operative Housing Society can and should frame parking rules. Normally the Housing Society should ask for the details of the vehicles to be parked including a certified copy of the RC Book should be insisted upon from the member while submitting the application for parking slot. After receipt of the above said paper/documents the Society should allot a parking slot. The Society may even allot a sticker and/or may even instruct the member that without the parking sticker the vehicle shall not be allowed to be parked in the Society compound.

b) Policy of allotment of parking spaces and stilts
Under Section 78 of MOFA Act, The allotment of parking space/ stilts shall be made by the Managing Committee on the basis of ‘first come first served’ for unsold and available parking spaces. However, in case of parking space/stilt allotted by the Society, the member shall have no right to sell or transfer the said allotted parking space/stilt to anybody.

c) Applications for allotment of stilts or parking spaces
Under Section 83 of MOFA, The member desiring to have a stilt or a parking space may make an application to the Secretary of the Society giving necessary details. The procedure for disposal of applications for permission under this Bye-Law as laid down under the Bye laws No.65 shall be followed by the Secretary and the Managing Committee of the Society.

d) Eligibility for allotment of stilts or parking spaces
Under Section 81 of MOFA, A member having a motor vehicle will only be eligible to have a stilt or any other type of parking space. No member shall normally be eligible for being allotted more than one stilt or a parking space for parking the car owned by him. If any stilts or parking spaces remain non-allotted for want of applicants for allotment, a second or third stilt or parking space may be allotted to the same member who has earlier been allotted the stilt or any other type of parking space. Such allotment of 2nd or 3rd stilts/or parking space shall be made on year to year basis provided the same is not required by another member who is not allotted even a single stilts/or any other type of parking space. Under Section 82 of MOFA, In case the numbers of vehicles of eligible members are in excess then the available parking space/stilts, the Managing Committee shall allot such parking space/stilts by “lot” on yearly basis.

e) Car Parking Slots
Sale of car parking slots is unlawful and illegal under the law. It would be of interest to note that the definition of flat in the Model Bye-Laws includes a godown but does not include an open car parking space. It is an open secret that Developers sale open car parking on cash payment basis. Conflicting judgments have been given by Courts on matter related to car parking. In the landmark judgment delivered by the Maharashtra State Co-operative Appellate Court Mumbai in the case of M/s Prakash Auto v/s Aranja Arcade Premises Co-operative Society Ltd. & Ors has prevented the Developers from allotting-selling or otherwise disposing of the disputed car parking spaces. The implications of the above said judgment is that even if the Developers sell car parking space in the basement, a Housing Society is entitled to allot the car parking space in the basement to their members on the basis of the resolution passed by the Society at its General Body Meeting. Now no Developers can sell parking space under stilts separately, the Bombay High Court has ruled in M/s Nahalchand Laloochand Pvt. Ltd., that a stilt parking space is a common parking space available to members of the Housing Society and not an additional premises or space available for the Developers to sale either to any member of the Society or any outsider and further clarified that even under DC rules the Developers had to provide car parking spaces wherever the carpet area of the flat is more than 35 sq. meters and estoppels do not work against statutory provisions. Apart from this fact, the Court has also considered the definition of flat under Maharashtra Ownership of Flats Act (MOFA) which includes open and any other type of parking spaces in area if the flat wherever area is counted as super-built up.

f) Parking Space Enclosed or unenclosed, covered or open area sufficient in size to park vehicles: parking space shall be served by a driveway connecting them with a street or alley and permitting ingress or egress of vehicles. Under Section 80 of MOFA, marking of parking spaces or stilts is the way that no inconvenience would be caused to any of the member of the Society. Where any stilts have been built or open space in the Society’s compound is available for parking of cars, the Society shall number the stilt or the open space for the purpose of no disputes caused between the members of the Society. As mutually decided, it is necessary that the adequate number of car parking space should be kept exclusively for the guest parking and emergency/medical services of the Society as required under the prevailing MCGM Rules and Regulations and the such parking space shall be handed over to the Society upon completion of redevelopment and shall not be sold to anyone. Society would be the absolute owner of such guest parking and emergency/medical services. Under Section 79 of MOFA, the restrictions are given on use of car parking and stilt parking that ‘No member shall be entitled to utilize more parking spaces/stilts than what is allotted to him by the Managing Committee or which he has purchased’. As per the Development Control Regulations for Greater Mumbai 1991, one is parking space for every 8 sq. meters of the floor area up to 800 sq. meters and one parking space for every additional 160 sq. meters of area is required to be provided. For hotels, one parking space for every 60 sq. meters of the floor area is required to be provided. For Grade I Restaurant, one parking space for every 25 sq. meters of area of the restaurant including hall, dining room, pantry and bar must be provided. For the Grade II and Grade III hotels, the requirement is one parking space for every 80 sq. meters of the areas.

g) Parking Charges
Under Section 84 of the MOFA, Every member who has allotted the stilt or the any other type of parking space shall be required to pay the parking charges at such rate as may be decided by the General Body of the Society at its meeting, irrespective of the fact whether the member actually parks his motor vehicle or not. The Society can recover different rates for different types of motorized vehicles. The General Body of the Society can definitely fix up the charges for the 2nd and 3rd car etc. Therefore, the member will have to pay the parking charges for a particular month irrespective of the fact that he has parked the vehicle for a few days. Where a member has been allotted more than one stilt parking space, he shall pay parking charges in respect of every such stilt or any other type of parking space as decided at the General Body Meeting.

h) Commercial use of Garage
Garage allotted for car parking cannot be used for commercial purpose except with the permission from MCGM. At the time of the construction of garages an undertaking has to be given to the Municipal Corporation that they will be used only for car parking. If Society uses the car parking for commercial purpose it breaches under Co-operative Laws there is also violation of the MCGM Rules.

i) Stilt Parking
No member can cover a parking stilt; it is open space. It needs to be emphasized that while submitting the plans certain areas are shown as open space and parking stilt is normally shown as open space. The open spaces are not included in FSI calculations.

j) Criminal case against the Developers
Many times Developers gives false promises to the flat purchasers and also do not comply with their statutory obligations as are stipulated in the MOFA, 1963 (The Maharashtra Ownership Flats Regulation of the Promotion of Construction, Sale, Management and Transfer). In such circumstances the options available to the flat purchasers/ Society include filing a complaint in the Consumer Court as well as initiating criminal action before the criminal court against the Developers. Even selling away the car parking is one of the offences under the MOFA. The Society can file criminal complaint against such Developers under various sections of Indian Penal Code.

BMC’S PARKING RULES FOR HOUSING SOCIETIES

While buying a flat, one should keep in mind that parking is either stilt parking which is in the basement of the building or open parking.

Find out from the Developer if he/she is selling the space or not. By law, a Developer can only sell flats. Unless the Developer has used FSI in creating stilt parking, which is usually FSI-free, he cannot legally sell the space.

By law, a Developer can only sell flats that have been constructed with FSI. Open spaces such as terraces or parking lots have to be conveyed to the cooperative Society.

REDEVELOPMENT OF CESSED BUILDINGS UNDER DCR 33(7) - PARKING PROVISIONS

The Car Parking Rules per tenement for tenanted buildings which are categorized under cessed buildings as per DCR 33 (7) in south Mumbai while undergoing redevelopment are eligible for car parking as per DCR provisions since 12th August 2009.

One Car Parking Space for every:

1) Tenement with carpet area up to 45 sq. meters (485 sq. ft)

2) 2/3 Tenement with carpet area exceeding 45 sq. meters but not exceeding 100 sq. meters.

3) 1/2 tenement with carpet area exceeding 100 sq. meters.

In other words; one car park per tenement up to 485 sq. ft carpet area is compulsory.

However, if carpet area of tenement exceeds 100 sq. meters (1076 sq. ft), then two car parking spaces per tenement shall have to be provided.

In addition to what has been specified above in Para 1) 2) & 3) additional 25% parking space over and above the total requirement is also required to be provided as Visitor's Parking.

 

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Guidelines on Adoption, Amendments and Submission of Bye-Laws – 2014

Government of Maharashtra
Date: 12th April 2013

Subject: Revised set of Model Bye-Laws 2014 as per 97th Constitutional Amendment

CIRCULAR

1. Rule 12 (2) of the Maharashtra Co-operative Societies Rules 1961 (MCS Act) prescribes the procedure to be followed for amendment to the Bye-Laws. The said rule prescribes a condition that a Society shall give due notice in accordance with its Bye-Laws to all the members for considering any amendment thereof. The Bye-Law No. 167 in the existing Model Bye-Laws deals with the amendments to Bye-Laws. The sub-clause (i) of the said Bye-Laws says that “no Bye-Laws shall be made, altered or abrogated unless a proposal to do so has been communicated to all the members, 14 days before the General Meeting at which it is to be considered. Each member of the Society need not have to be furnished with a copy of the existing Bye-Laws and that of revised Model Bye-Laws. Instead, a copy of the existing Bye-Laws and a copy of the revised set of Model Bye-Laws proposed to be adopted at the General Body Meeting should be kept in the office of the Society for inspection by members of the Society at the convenient time. The item on the agenda of the General Body Meeting for adoption of the Model Bye-Laws should be as under.

To consider adoption of the revised set of Model Bye-Laws of 2014 introduced by the Commissioner for Co-operation and Registrar, C.S., Maharashtra State, Pune in place of the existing Model Bye-Laws of the Society.

NOTE

A copy of the existing Model Bye-Laws of the Society and a copy of the revised Model Bye-Laws proposed to be adopted at the General Body Meeting are kept in the office of the Society for inspection by members of the Society, during ____AM/PM and __________AM/PM on the days preceding the date of the General Body Meeting.

2. A proposal for amendment of the Bye-Laws is required to be submitted with five enclosures viz: enclosure I, II, III, IV and V to enable the Co-operative Housing Societies to prepare amendment proposal correctly, specimen of the above I, II, III, IV and V enclosures are given herewith. The information in enclosure I and V could be filled in from the records of the Society. The columns of the enclosure II, III and IV are to be filled to serve as per guidance. In addition to the above enclosures, the Societies will have to furnish copies of the resolution of the Managing Committee/General Body Meeting as under.

“Resolved that the Chairman Shri ___________________,
The Hon. Secretary Shri_______________________________,
and the Managing Committee member Shri _____________ _________
be and are hereby authorized to sign the proposal for amendment to Bye-Laws (i.e. adopting the revised set of Bye-Laws in place of existing Bye-Laws).

Proposed by: ______________________________
Seconded by: ______________________________
Resolution carried unanimously.

3. The proposal, adopting the revised set of Bye-Laws, in place of the existing set of Bye-Laws of the Society, should be prepared as shown in the specimen annexed to this circular letter and submitted to the Registering Authority within two months from the date of the General Body Meeting at which the resolution of adoption of the revised set of Bye-Laws was adopted. If the proposal is not submitted within the prescribe time limit, it becomes invalid and entire fresh process will be necessary. For adoption purpose the name and signature of only Chairman, Secretary and Authorized Member of the Managing Committee are necessary. Names and signature of all promoters are necessary while submitting registration proposal only.

IMPORTANT GUIDELINES TO BE FOLLOWED

1. Affix Rs.25.00 Non-Judicial Court Fee Stamp on the application.

2. Submit 4 copies of the Model Bye-Laws (to be adopted) bearing Society’s name and stamp.

3. Submit a certified copy of the existing Bye-Laws of the Society.

4. Enclose a certified copy of the Notice of the General Body Meeting in which the adoption proposal was considered and approved.

5. Submit duly singed and stamped 4 copies of Enclosure I to “IV”.

6. Submit the proposal within 2 months from the date of its approval in the General Body Meeting.

7. Minutes of Managing Committee to Authorize Office Bearers/Consultants to submit adoption forms

8. List of Committee Members & their contact details

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ENCLOSURE “I”

(On Society’s Letter Head)

(To be submitted in four copies)

We hereby certify that:

(1) The period that has intervened between the date of notice and the date of General Meeting at which the amendments have been passed is not less than the period required under the Bye-Laws of the Society;

(2) The notice has been given by the Officers empowered to the parties mentioned in the Bye-Laws and in the manner prescribed therein;

(3) The date, hour and place of the Meeting and the proposed amendments were mentioned in the notice;

(4) The original copy of the notice and agenda are maintained in the records of the Society.

For _____________ Co-operative Housing Society Ltd

Chairman Hon. Secretary Managing Committee Member

Seal/Stamp of the Society

Enclosures:

1. 4 copies of the Model Bye-Laws

2. Copy of Minutes of the General Body Meeting

3. Court Fee stamp of INR 25/-

4. Covering Note

5. Copy of last Audited Balance Sheet

6. Copy of currently Registrar approved Bye-Laws

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ENCLOSURE “II”

(On Society’s Letter Head)

(To be submitted in four copies)

1. Total number of members on the register on the date of the General Meeting……………………..

2. Number of members present at the General Meeting …………………….

3. Number of members required to constitute a quorum …………………..

Extract of the proceeding to amendments approved at the General Meeting held on ………………………….

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ENCLOSURE “III”

(On Society’s Letter Head)

(To be submitted in four copies)

Copy of the revised set of Bye-Laws, enclosed

For_________________ Co-operative Housing Society Ltd.

 

Chairman Secretary Managing Committee Member

Seal/Stamp of the Society

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ENCLOSURE “IV”

(On Society’s Letter Head)

(To be submitted in four copies)

NOTE

Four separate copies of this enclosure shall be supplied. Copy of the Bye-Laws (as amended) approved at the General Meeting held on ___________201____ and/or the adjourned General Meeting/Meetings held on________________201____

 

For _____________________ Co-operative Housing Society Ltd

 

Chairman Secretary Managing Committee Member

Seal/Stamp of the Society

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ENCLOSURE “V”

(On Society’s Letter Head)

(To be submitted in four copies)

Additional Information relating to the Society as on the date of the General Meeting;

1. Name of the Society_________________________________

2. Address, Number and Date of Registration______________ _____________________________________________________

3. Registration Number___________________________________

4. Authorised Share capital _____________________________

5. Area of operation_____________________________________

6. Date of last Audit _______________ Last Audit Classification_____ Grade

7. Rate of Interest on Borrowing: _____________

8. Rate of Interest on Lending: ___________________________

A) Deposits:

B) Loan from Central Bank: Rate of Dividend:

C) Share Subscriptions:

D) Other Borrowings:

a) Limit of outside borrowing as per Byelaws
____________________________________________

b) Total amount of actual outside borrowings –
____________________________________________

c) Profit/Loss for the last three years –
____________________________________________

d) Limit of Individual Loans as per Bye-Laws –
____________________________________________

For _____________________ Co-operative Housing Society Ltd

 

Chairman Secretary Managing Committee Member

Seal/Stamp of the Society

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ASSOCIATE MEMBERSHIP AS PER MODEL BYE LAW -
02.09.2014

APPENDIX- 5
[Under the Bye-law Nos. 19B & 19C]

The Form of application for Associate Membership by an individual, who desires to hold, shares jointly with member, who is already admitted to membership of the Society.

To,
The Secretary,
…… …… … ….Co-op. Housing Society Ltd,
Address...............

Sir,
Shri/Shrimati……………………………….is already a member of the……………..Co-operative Housing Society Ltd., having address at.……………..…… holding Ten fully paid shares of Rs. Fifty each.

He/She desires Shri/Shrimati………………………………to join him/her as an Associate Member for the purpose of holding the shares jointly with the applicant Shri/Shrimati………………… in respect of flat no……….in building name………………………….in the………………………Co-operative Housing Society Ltd.

According, I make this application for admitting me the applicant as an Associate member to Shri/Shrimati ……. …….. ……… ……….. ……… And remit herewith the entrance fee of Rs. 100.

I state that I have purchased/own property jointly with the First Member, being flat no……..in the Society, vide registered deed/title documents no…………..dt ... ... ..,

OR

I state that do not jointly own or have joint title to the property with the above mentioned First Member.

On my/our admission as an Associate member by the Society, we shall be jointly and severally liable to discharge the present and future liabilities of the Society.

The right of attending general body meeting and voting at them will ordinarily be exercised by Shri/Shrimati ……. …….. ……… ……….. ……… whose name stands first in the share certificate.

The name of Shri/Shrimati ……. …….. ……… ……….. ……… shall stand second in the share certificate and he/she (the Associate member) shall have no rights or privilege of a member, except attending general body meeting of the Society and voting at them, provided that the member whose name stands first in the share certificate is absent at such meeting other than mentioned in section 27 of MCS Act, 1960.

I/We request you to admit me/us as an Associate member and include my name as an associate member in the share certificate below the name of the first member.

The consent of the member for my/our admission as an Associate member is appended here below. Yours faithfully

(Signature of the applicant whose name to stand second or thereafter In the Share Certificate)

Place:-
Date:-

I, Shri/Shrimati ……. …….. ……… ……….. ……… a member of the ……. …….. ……… ……….. ……… Co- operative Housing Society Ltd., having address at……. …….. ……… ……….. ……… and holding ten paid up shares of Rupees fifty each recommend the application made by Shri/Shrimati……. …….. ……… ……….. ……… for Associate membership of the Society for the purpose of holding the shares jointly on terms and conditions set out in the above application. The name of Shri/Shrimati……. …….. ……… ……….. ……… be added in the share certificate (enclose herewith), after my name.

Signature of the first member

Place:-
Date:-

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