In a cooperative housing society, members often first approach the managing committee with complaints related to administration, finances, misconduct, or non-compliance with bye-laws. However, if the response received is unsatisfactory, biased, or delayed, the law provides a structured escalation mechanism to protect members’ rights and ensure transparency.
Role of the Advisory Complaints Committee (ACC)
As per the Model Bye-Laws of Cooperative Housing Societies, the general body is required to constitute an Advisory Complaints Committee (ACC). The ACC acts as an internal grievance redressal mechanism and is meant to provide an impartial review of complaints raised by members.
The composition of the ACC is as follows:
• Two society members (not part of the managing committee), one of whom shall act as the Chairperson
• One representative from the managing committee
• One representative from the statutory auditor
• One representative from the federation to which the society is affiliated
This balanced structure ensures that complaints are examined fairly and without undue influence from the managing committee alone.
How to Approach the ACC
If you are aggrieved by the managing committee’s reply or inaction, you may formally refer your complaint to the ACC. The committee is expected to:
• Examine records and facts objectively
• Hear both sides if required
• Give recommendations or directions to resolve the issue
Though the ACC’s role is advisory, its findings carry significant persuasive value and often result in corrective action.
Escalation to Registrar and Cooperative Commissioner
If the ACC’s intervention does not resolve the issue, or if the matter involves serious irregularities, you may escalate the complaint to the Registrar of Cooperative Societies having jurisdiction over your society.
Further escalation is also possible to the Cooperative Commissioner, especially in cases involving:
• Abuse of power by managing committee
• Violation of statutory provisions
• Financial mismanagement or suppression of records
• Repeated non-compliance with lawful directions
This hierarchical escalation ensures administrative oversight and accountability.
What If the ACC Is Not Constituted?
In many societies, the ACC is either not constituted or exists only on paper, which itself is a violation of the bye-laws. In such a situation, you are not required to wait indefinitely.
You may directly file a complaint under Bye-Law 174 with the appropriate authority, such as the Deputy or Assistant Registrar of Cooperative Societies. Bye-Law 174 empowers authorities to intervene in disputes, misgovernance, or failure of the society to follow its statutory obligations.
Importance of Documentation
While escalating your complaint, ensure that you maintain proper documentation, including:
• Copy of original complaint submitted to the managing committee
• Their written reply or proof of non-response
• Supporting documents, emails, or notices
• Evidence of non-constitution of ACC, if applicable
Well-documented complaints are processed faster and carry greater legal weight.
Conclusion
To summarise, if you are dissatisfied with the managing committee’s response:
• You have the right to approach the Advisory Complaints Committee (ACC)
• You may escalate the matter to the Registrar and Cooperative Commissioner
• If the ACC is not formed, Bye-Law 174 provides a direct legal remedy
• The cooperative law framework ensures that members are not left remediless
Exercising these remedies strengthens transparency and democratic functioning within housing societies.
