- Disputes about a society's constitution, management or business go to the cooperative court under Section 91.
- Many complaints, such as refusal to share records, go first to the Deputy Registrar.
- Since 2019 the Act has a separate chapter for housing societies.
- Appeals from the cooperative court go to the Co-operative Appellate Court.
On this page
Which forum hears which society dispute?
| Dispute | Usual forum |
|---|---|
| Membership, transfer of flat, nomination | Society first, then Registrar or cooperative court |
| Maintenance and non-occupancy charges | Cooperative court for recovery or challenge; Registrar for recovery certificates |
| Managing committee decisions and meetings | Cooperative court under Section 91 |
| Inspection of records | Registrar |
| Elections | State Co-operative Election Authority and its rules |
| Developer's breach of a development agreement | Often civil court or arbitration under the agreement |
How do you complain against a co-op housing society?
- Write to the managing committee with your request and keep proof.
- Escalate to the Deputy Registrar of the ward for matters within the Registrar's powers.
- File a dispute in the cooperative court under Section 91 where it concerns management or business.
- Appeal to the Co-operative Appellate Court if needed.
Common housing society disputes in Maharashtra
- Refusal to transfer a flat or admit a purchaser or heir as a member.
- Excessive non-occupancy or transfer charges.
- Leakage and repair disputes between members and the society.
- Parking allotment.
- Redevelopment decisions and the conduct of meetings.
Cooperative court Mumbai: what to expect
Mumbai has cooperative courts that hear disputes from societies in the city. A dispute is filed with documents, the opposite party replies, evidence is led and the court decides. Interim orders can stop a meeting or an action while the case runs. Navi Mumbai and Thane societies have their own forums.
Redevelopment disputes
Disputes about consent, meetings and the managing committee's conduct in redevelopment generally go to the cooperative court or the Registrar. Disputes with the developer under the development agreement often go to arbitration or the civil court, depending on the agreement. See documents required for redevelopment.
What to do next
Write to the committee first and keep copies; most disputes are won on the paper trail. For Mumbai, Thane and Navi Mumbai societies, meet us at Sanpada. See also property lawyer in Mumbai.
Founder and Managing Partner, VIVS Legal. BLS, LL.B, LL.M, PGDBM, JAIIB.
