The Hindu : New Delhi News : RWAs seek changes in Societies Act

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Saturday, Jul 24, 2004

New Delhi

New Delhi

RWAs seek changes in Societies Act

By Our Staff Reporter

NEW DELHI, JULY 23. A delegation of representatives of various residents' welfare associations met the Chairman of the Delhi Co-operative Housing Finance Corporation and the Review Committee on Amendments to the Delhi Cooperative Societies Act-2003, Deep Chand Sharma, and submitted a joint memorandum demanding several changes in the Act on the ground that the general power of attorney occupants were getting a raw deal in many societies.

The general secretary of Rohini Samaj Sewa Sansthan, Sanjiv Kumar, said the aggrieved residents apprised Mr Sharma of several lacunae in the Act and sought their rectification. The representatives demanded that the whole land (and not the individual flats) of the societies may be converted into freehold either on payment of fixed term nominal ground rent or at certain nominal percentage of total land acquisition cost of the society, within a specified time frame of two to four years as this will put an end to all discriminations in the flat conversion charges between GPA occupants and original allottees and each occupant will share the cost equally.

Mr Kumar said this was also logical as DDA provides land to the societies and has not to do with the flats made thereon later. Likewise, he said, the residents took up the issue of the powers in the hands of the management committee and demanded that the panels should not be given undue powers to act against a member or resident in case of default of maintenance charges by him or her in a society. "This is an area which should be taken up on a case to case and merit basis since several senior citizens or widows living alone are not in a position to pay the charges.''

The delegation also called for making a provision for an Appellant Judicial Authority to ascertain the reason for default by the occupant before recommending to initiate proceedings of eviction of the occupant from the flat in 60 days as per Section 89 of Chapter IX.

On the imposition of condition of granting membership on payment of transfer fee of Rs.10,000 and conversion of flat from lease hold to free hold, the delegates said this provision should be waived for existing GPA occupants as most of them have already paid thousands of rupees as entry fee in their respective societies.

Stating that a mandatory provision of having a RWA in every Cooperative Group Housing Society under the parent committee or otherwise be made, they said, it was essential to run welfare schemes of the state or otherwise for the society. They said the residents of cooperative societies should also be given the Right to Appeal in the court of law if they are not satisfied with the decision of the Registrar in any dispute.

The delegates also presented their views on the responsibilities of the management and said any defect occurring in the basic structure other than the alteration or addition carried out by the occupant of the flat within five years of the construction of the building should be the responsibility of either the builder or the management or both irrespective of the flat being occupied by the member or the GPA occupant.

Stating that the allottee should bear the onus for illegally giving his or her property on rent for money consideration and not the hapless tenant who is already paying through his nose to have a roof over his head, the delegation also sought simplification of the procedure for transfer of occupancy right. The future sale and purchase of flats should not be subjected to clearance of permission from Registrar of societies and such sales should be registered after payment of transfer fee or stamp duty to the State Govt, it said, adding that this would discourage builders, financiers, fly by profit members from indulging in fictitious transactions.

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