ANOTHER COMMITTEE TO TACKLE SOCIETY ISSUES

[AlicA Nagar]

GAJANAN KHERGAMKER gives a report on the powers of the Grievance Settlement and Redressal Committee, that will be adopted by all societies

    Power equations in Mumbai's cooperative housing societies are set to change. The 97th constitutional amendment and Maharashtra Cooperative Societies (Amendment) Ordinance 2013, mandates that all societies adopt the 'amended' model bylaws to help maintain the balance of authority. This time around, as per new bylaw number 173 a), the cooperative housing society is now bound to form a Grievance Settlement and Redressal Committee as provided under Section 89 AB of the Act. Further, according to bylaw 173 b), the general body of the society shall appoint a Grievance Settlement and Redressal Committee to hear and settle the grievances of the members. When referred to, such complaints and grievances shall be settled by this committee as far as possible within three months. Bylaw 173 c) further details the composition of the Grievance Settlement and Redressal Committee. 
    The committee shall comprise of 'three senior, knowledgeable, active members of the society and they shall not be the members of the managing committee.' The complaints and grievances relating to business and management of the society shall be referred to this committee with the consent of both the parties. According to Bylaw 173 d), the managing committee shall make a report of an appointment of Grievance Settlement and Redressal Committee to the Registrar. The working and procedure to be followed by parties and the Grievance Settlement and Redressal Committee shall be governed by the provisions of section 89-A of the Act. 
    This time around, instead of moving the Registrar and alienating the managing committee known to take personal umbrage each time, if a member decides to adopt the legal route, s/he can approach the Grievance Settlement and Redressal Committee. That way, an aggrieved member has the option to avail justice from 'another' committee’, in case s/he doesn't wish to comply with the managing committee's take and without having to spend a fortune he would otherwise, in court. 
    The very presence of a Grievance Settlement and Redressal Committee would force a hard-nosed managing committee to soften its stand and desist from adopted biased, slanted views either in favour 
or against any particular member. 
    Till date, each time a member wanted to oppose a managing committee's decision, s/he would have to resort to the legal route by first approaching the Federation or the Registrar and then moving a civil, cooperative or consumer court for redress. For each time s/he did that, the costs of litigation would have to be borne by the aggrieved member solely, while the managing committee, as a whole or any of its members, would fight it out in court, armed with society funds. After all, on paper, the committee as a whole or in part, represents the entire society and causes arising out of decisions taken to affect the collective, would have to inevitably, be fought with collective resources.

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