In many cooperative housing societies, members sometimes feel that the managing committee is biased while deciding complaints raised by residents. Since housing societies function on democratic principles, it is essential that complaints are handled fairly, transparently and according to legal provisions. The Maharashtra Cooperative Societies Act, 1960 and model bye-laws encourage societies to follow proper procedures so that members receive justice without partiality.
To address concerns about bias or unfair decision-making, societies can create an internal mechanism known as an Advisory Complaints Committee (ACC).
Importance of Neutral and Transparent Decision-Making
The managing committee of a cooperative housing society is expected to function in a neutral and unbiased manner while addressing grievances raised by members. Decisions should always be based on legal provisions, society bye-laws and the larger interest of all members rather than personal preferences.
If members feel that their complaints are not being handled fairly, the society can adopt a more structured grievance-redressal system by forming a separate body to examine such matters objectively.
Formation of an Advisory Complaints Committee (ACC)
Housing societies may establish an Advisory Complaints Committee (ACC) to ensure impartial review of complaints. This committee acts as an independent advisory body that reviews disputes and provides recommendations.
Typically, the ACC should consist of five members, including:
• Two members nominated by the general body
• One representative from the managing committee
• One representative from the statutory auditor
• One member representing the housing federation
Among these members, one person should be appointed as the Chairperson of the ACC. This structure ensures that the committee includes independent members and professionals, reducing the possibility of biased decisions.
The primary role of the ACC is to examine complaints filed by society members against the decisions or actions of the managing committee. The committee reviews the facts, examines relevant documents, and ensures that the provisions of the law and bye-laws are properly followed.
Once the complaint is received, the ACC must consider the matter and pass a decision by majority vote. The committee is required to communicate its decision within 45 days from the date of receiving the complaint.
This mechanism helps create a transparent grievance redressal process within the society itself, reducing unnecessary disputes and litigation.
What If the ACC Decision Is Not Acceptable
If the complainant is still dissatisfied with the decision of the Advisory Complaints Committee, there are further remedies available under the cooperative law framework.
The member may escalate the grievance to the Registrar of Cooperative Societies, who has the authority to examine complaints related to society management, governance and compliance with bye-laws.
In more serious cases, the complaint may also be taken to the Cooperative Commissioner, who supervises the functioning of cooperative institutions across the state.
Filing Complaints When ACC Is Not Formed
Some housing societies may not have constituted an ACC. In such cases, members are not left without remedies. They can directly file complaints under Bye-Law 174, which provides the procedure for raising grievances before the appropriate authority depending on the nature of the dispute.
Members may approach:
• The Registrar of Cooperative Societies
• The Cooperative Court
• The Cooperative Commissioner
The choice of authority depends on whether the dispute relates to management decisions, financial matters, membership issues or legal violations.
Government Circular on Complaint Handling
To streamline grievance redressal in cooperative housing societies, the office of the Cooperative Commissioner issued a circular on May 4, 2023, encouraging societies to follow structured mechanisms for handling complaints. The circular emphasizes transparency, fairness and timely resolution of disputes among society members.
A cooperative housing society must function in a fair and democratic manner, ensuring that the concerns of every member are heard and addressed properly. The formation of an Advisory Complaints Committee (ACC) can significantly improve the impartial handling of complaints and build trust among residents. The ACC provides an internal mechanism where grievances can be reviewed objectively and decisions can be delivered within a defined timeframe. If members are still dissatisfied, they have the right to approach higher authorities such as the Registrar of Cooperative Societies or the Cooperative Commissioner for further action. Following these procedures ensures transparency, accountability and better governance in housing societies.
