Regd Maharashtra CHS act

Ajay Shah (Querist) 28 August 2018 This query is : Resolved
Dear sir,

I live in Navi mumbai. My question is:-
Can one Member of society complaint against other member directly to joint registrar? as per my knowledge and understanding, Committee is there to resolve issues between members,so would joint registrar entertain such complaints?

Regards

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K Rajasekharan (Expert) 28 August 2018
I am quite unfamiliar with the provisions of the said act or its model bye-laws.

But a basic general doctrine which both administrative departments and judiciary uphold in regard to filing of any complaint is that any complaint is to be filed before the lowest level authority who can address the issue that the complainant raises.

ashok kumar singh (Expert) 28 August 2018
yes, disputes if not resolved between the member same can be forwarded to the joint registrar

Ajay Shah (Querist) 28 August 2018
Dear Ashok sir,

Thanks for your reply... you say that if disputes not resolved between members then same can be forwarded to joint registrar..... my question is - who forward it to registrar, committee or a member? Also is it not committee who first try to resolve it by getting both member in a room?

Dr J C Vashista (Expert) 29 August 2018
In order to form an opinion and advise whether RCS (JR/DR/AR) have the jurisdiction to refer the dispute for arbitration in terms of MCS Act, you did not mention anything regarding the dispute,?

P. Venu (Expert) 29 August 2018
You have not posted the material facts as to the dispute.

Kishor Mehta (Expert) 29 August 2018
The member has to approach the Managing Committee of the Society for his grievance against a fellow member, CHS Registrar has no legal authority to entertain complaints of grievances amongst members. Member not satisfied with the response of the Managing Committee has to take recourse to Civil or criminal authorities as the case may be.