In general,
there can be no problem in the functioning of the Co-operative Housing Society
which cannot be resolved under the framework of the existing set of laws, rules
and bye-laws of the Society, yes off course there are few exception. As mentioned yesterday, most of the problems
as it appears, mainly rise on two points namely “ignorance” about the
Co-operative Laws and the “ego” of the individuals involved in the disputes and
though “ego” is something each one of us have, lack of knowledge or ignorance
of the laws escalates the disputes hence it is imperative that right action be
taken which is correct in the eyes of the law otherwise, it leads to escalation
of the matter, without understanding the consequences, to the Registrar,
Consumer Forum, Co-operative Court, High Court and Supreme Court. A wrong decision taken by the Managing Committee
can end up with the Managing Committee being penalized by the Court. Thus, it is imperative that most issues
arising in Housing Society be settled amicably under the existing set of laws,
rules and bye-laws.
One needs to
understand that effective discussion is always better than arguments because an
argument is to find out who is right but a discussion is to find out what is
right and this holds good and true because when the discussion goes in the
right direction, most decisions taken in line with the acts, rules and bye-laws
ultimately leads to resolution of the issues to the satisfaction of both the
parties involved.
As it is,
India has already moved into an era where the rules, laws framed in India are
copycats of the Western Countries and the setup of laws that govern the
Co-operative Housing Societies in US, Europe are being slowly imported and enforced in India
so it is not far when Housing Societies will have to adhere to the Co-operative
Laws of the land 100%. Currently, as it stands, the enforcement mechanism
of the Government is not that much active in Housing Society Matters.