#membership rights

The Maharashtra State Consumer Commission ruled that housing societies violate the Consumer Protection Act by charging non-occupancy fees or withholding membership from flat owners who have paid the full sale consideration and reside in the unit. This sets a critical precedent protecting homeowners from exploitative society bylaws and reinforces that physical possession coupled with full payment equates to lawful occupancy rights.

Bombay High Court rules that once a co-operative society's founder member's rights are statutorily confirmed, they cannot be nullified by subsequent internal resolutions. The court awarded Rs. 22,000 plus 7% interest from 1988 to the petitioner, reinforcing that discriminatory flat allotment and denial of possession violate natural justice and membership rights under the Maharashtra Co-operative Societies Act.

Bombay High Court holds that housing societies cannot refuse membership solely on allegations of nuisance without statutory basis under MCS Act. Clarifies procedural limits.

Bombay High Court holds that co-operative societies cannot deny membership based on land use violations or unauthorised construction absent explicit bye-law provisions.

Bombay High Court holds that housing societies cannot enforce lease premium exceeding statutory ceiling under Section 79A of Maharashtra Co-operative Societies Act.

Bombay High Court holds that under the MCS Act, eligibility for cooperative society membership is governed solely by statute, rules, and bye-laws-not private development agreements.