Penalty for duck area not filled

Dear Client,
In the context, be informed that Bye Law No 172, 173, and 174 of Model Bye-Laws of Cooperative Housing Society deal with the redressal of complaints of a member of a society registered under the Maharashtra Co-operative Society Act, 1960. As per Bye Law No 174(a), complaints may be made to the Registrar of the Cooperative Societies, failing which disputes between the Members and/or the Members and Society, which falls under Section 91 of the MCS Act 1960 may be filed before the Cooperative Court under Bye-Law No.174(b) and failing which, the aggrieved member may file a civil suit before competent Civil Court under Bye-Law No.174(c) of Model Bye-Laws of Cooperative Housing Society seeking appropriate relief in the matter.

Dear Client,

If the society is imposing a high penalty for the duct area not being filled with cement on time, but you have completed the work albeit after the due date, and there was a contributing factor such as continuous water dripping from the upper floor, you should first gather evidence of the late completion and the water dripping issue (such as dated photographs, witness statements, or communication with the upper floor residents).

Next, formally write to the society management, explaining the reasons for delay, the mitigating circumstances, and requesting waiver or reduction of the penalty based on these facts and your compliance.

If the society refuses to reconsider, you may approach the Consumer Forum or the Rent Control/Cooperative Society Tribunal (depending on your society type and local laws) to challenge the penalty, arguing that the unreasonable penalty and failure to consider external factors is unjust.