DJR Appeal in Housing Society Matters: How It Works

Short answer: Under the Maharashtra Co-operative Societies Act, 1960, an appeal against a listed order must be filed within two months of the order being communicated, and it goes to the State Government or to the Registrar depending on who passed the order. Orders that cannot be appealed may be open to revision instead, also within two months.

Written and reviewed by Adv. J. V. Bhosale, Founder SocietySeWA · Advocate, Bombay High Court. Information only, not legal advice; reading this does not create an advocate–client relationship.

Sources: the Maharashtra Co-operative Societies Act, 1960 (official Law and Judiciary Department reprint, as modified to 6 June 2015), Mah. XXIII of 2019 and Mah. XXVIII of 2022. Mah. XXIII of 2019 is deemed in force from 9 March 2019 [Mah. XXIII of 2019, s.1(2), p.17]. Amendments after March 2022 are not covered here.

"DJR", "DDR" and what the Act actually says

People search for "DJR appeal" or "DDR order appeal". The Act itself does not use the titles Deputy, District Deputy, Assistant or Divisional Joint Registrar. It speaks of "the Registrar", "the Additional or Joint Registrar on whom powers of the Registrar are conferred", and "any other person" [MCS Act s.152(1), L&J reprint p.133]. The State Government may appoint persons to assist the Registrar, with designations and areas it specifies, and confer the Registrar's powers on them by order [MCS Act s.3, L&J reprint p.8].

Titles such as DDR, DJR or Assistant Registrar come from government orders under s.3, not from the Act. Who hears your appeal depends on the powers conferred on the officer who passed the order. Check the conferment order in force for your district before filing.

Which orders can be appealed

• •Orders or decisions under sections 4, 9, 11, 12, 13, 14, 17, 18, 19, 21, 21A, 29, 35, 77A, 78, 79, 85, 88 and 105, including an order for paying compensation to the society [MCS Act s.152(1), L&J reprint p.133].
• •For housing societies, ss.11, 29 and 78 in this list do not apply [Mah. XXIII of 2019, s.8 (s.154B(2)), PDF p.19].
• •Orders under sections 154B-2, 154B-3, 154B-9 and 154B-27 (housing society registration, name reservation, removal from membership, and the Registrar's directions) [Mah. XXIII of 2019, s.6, p.18].
• •Where the Act gives an appeal to the Co-operative Appellate Court, it goes there [MCS Act s.152(2), L&J reprint p.133].
• •Save as expressly provided, no appeal lies; orders are final but subject to revision [MCS Act s.152(4), L&J reprint p.134].
• •Sections 149 to 154 apply to housing societies [Mah. XXIII of 2019, s.8 (s.154B(1)), p.18].
• •Rejection of a nomination at a committee election has its own appeal; for a society, the appeal goes to the officer specified by the State Co-operative Election Authority [MCS Act s.152A(1), L&J reprint p.134].

Who hears the appeal

• •If the order was made, sanctioned or approved by the Registrar, or an Additional or Joint Registrar holding the Registrar's powers: the State Government [MCS Act s.152(1)(a), L&J reprint p.133].
• •If made by any other person: the Registrar [MCS Act s.152(1)(b), L&J reprint p.133].
• •A member whose sale or mortgage certificate application is refused, or not decided, by the society appeals to the Registrar [Mah. XXIII of 2019, s.8 (s.154B-27(3)), p.29].

Time limit

• •General rule: two months from the date of communication of the order [MCS Act s.152(3), L&J reprint p.133].
• •Late appeal: the appellate authority may admit it if you show sufficient cause [MCS Act s.153, L&J reprint p.134].
• •A member's appeal against the society's refusal, or failure to decide, a sale or mortgage certificate application has its own time limit under s.154B-27(3). The general two-month rule in s.152(3) covers appeals under sub-section (1) or (2) of s.152.
• •Under s.154B-27(3), the society must decide such an application within thirty days of receipt and communicate the decision within fifteen days. The member may appeal within three months of submitting the application, or two months from rejection, whichever is earlier. The appeal is to be disposed of within sixty days of receipt, after hearing all parties [Mah. XXIII of 2019, s.8 (s.154B-27(3)), p.29].
• •Election nomination rejection: three working days [MCS Act s.152A(1), L&J reprint p.134; Mah. XXVIII of 2022, s.19, p.4].

What to file and attach (practical checklist)

These are practical suggestions, not statutory requirements. This guide does not cover the prescribed form or fee. Check the MCS Rules, 1961 and the office concerned before filing.

• •Copy of the order, with the date you received it noted (time runs from communication).
• •Memorandum of appeal: grounds, relief, parties.
• •The application or notice that led to the order, and replies.
• •Society documents relied on: bye-laws, resolutions, ledger, notices.
• •Authority or resolution if a committee member files for the society.
• •If you are beyond two months, a separate application showing sufficient cause [MCS Act s.153, L&J reprint p.134].

Stay of the order

The appellate authority may pass interim orders, including a stay, pending the appeal. An interim order passed without hearing the other side must be decided on merits within three months, after a hearing [MCS Act s.152(3A), L&J reprint p.133]. The same power exists in revision [MCS Act s.154(3A), L&J reprint p.135]. No stay of recovery under a Liquidator's award is issued unless fifty per cent of the award amount is deposited with the society [MCS Act s.152(1) proviso, L&J reprint p.133]. A stay is discretionary, so do not assume one follows from filing.

Revision vs appeal

• •Revision lies only where a subordinate officer passed the order and no appeal lies. The State Government or Registrar examines legality, propriety and regularity, after giving the affected person a hearing [MCS Act s.154(1), L&J reprint p.134-135].
• •Forum: the State Government if the order was passed by the Registrar, Additional Registrar or a Joint Registrar; the Registrar if by any other officer [MCS Act s.154(2), L&J reprint p.135].
• •Time: two months from communication; a late application may be entertained on sufficient cause [MCS Act s.154(3), L&J reprint p.135].
• •A recovery certificate under s.154B-29 is final and conclusive, cannot be questioned in any court, and is open to revision under s.154 [Mah. XXIII of 2019, s.8 (s.154B-29(3)), p.30]. No revision is entertained unless the applicant deposits fifty per cent of the recoverable dues with the society [MCS Act s.154(2A), L&J reprint p.135; Mah. XXIII of 2019, s.7, p.18]. If the revision is allowed, the authority may direct the society to refund the deposit [Mah. XXVIII of 2022, s.20, p.4].

Common mistakes societies make

• •Counting two months from the date of the order instead of the date of communication [MCS Act s.152(3), L&J reprint p.133].
• •Seeking revision where an appeal lies, or the reverse [MCS Act s.154(1), L&J reprint p.134].
• •Missing the fifty per cent deposit in a recovery certificate revision [MCS Act s.154(2A), L&J reprint p.135].
• •Assuming the order is stayed once an appeal is filed [MCS Act s.152(3A), L&J reprint p.133].
• •Filing before the wrong authority instead of checking who passed the order [MCS Act s.152(1), L&J reprint p.133].
• •Not asking for condonation when late [MCS Act s.153, L&J reprint p.134].

FAQ

Can a member appeal against a DDR order?

Yes, if the order falls under a section listed in s.152(1). Who hears it depends on whether that officer holds conferred Registrar powers [MCS Act s.152(1), L&J reprint p.133].

What is the time limit for appeal to the Joint Registrar?

Two months from communication of the order, extendable on sufficient cause [MCS Act ss.152(3), 153, L&J reprint p.133-134].

Can the order be stayed during the appeal?

The appellate authority may grant interim relief including a stay [MCS Act s.152(3A), L&J reprint p.133].

Can a member challenge a s.154B-29 recovery certificate?

The certificate is final and cannot be questioned in any court, but revision lies under s.154 [Mah. XXIII of 2019, s.8 (s.154B-29(3)), p.30]. The applicant must deposit fifty per cent of the recoverable dues with the society [MCS Act s.154(2A), L&J reprint p.135].

What if the society refuses my sale or mortgage certificate application?

The member may appeal to the Registrar within the s.154B-27(3) period; the appeal is to be disposed of within sixty days of receipt, after hearing all parties [Mah. XXIII of 2019, s.8 (s.154B-27(3)), p.29].

Where this applies

This guide is for housing societies and members in Navi Mumbai, Panvel, Thane, Mumbai and Pune. Check which Registrar's office has jurisdiction over your society; it is shown on your registration certificate and in the conferment orders.

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Written and reviewed by Adv. J. V. Bhosale, Founder SocietySeWA · Advocate, Bombay High Court. Information only, not legal advice; reading this does not create an advocate–client relationship.