Short Answer

Yes, as per the Gujarat Cooperative Societies Act and Rules, if the society hires someone for services like gardening, security, or cleaning, and the service provided is poor, the society can demand a refund or replacement.

Detailed Explanation

Rule 135 of the Gujarat Cooperative Societies Rules, 1965 empowers the society to engage personnel for various services. If the services provided by these personnel are unsatisfactory or below the agreed-upon standards, the society has the right to demand a refund or replacement. This rule ensures that the society can hold service providers accountable for their performance.

Additionally, Section 73 of the Gujarat Cooperative Societies Act, 1961 outlines the duties and powers of the managing committee of a cooperative society. If the managing committee determines that the services provided by the hired personnel are substandard, they can take necessary actions to rectify the situation, including seeking a refund or requesting a replacement.

In practice, if the society faces issues with the quality of services provided by individuals hired for maintenance or utility purposes, the managing committee should first communicate their concerns to the service provider. If the issues persist despite communication, the committee can then formally request a refund for the poor services rendered or ask for a replacement with a more competent service provider.

Real-world Scenarios

• Scenario 1: A cooperative society hires a gardener to maintain the common garden area. However, the gardener neglects the duties, leading to an unkempt garden. The managing committee can demand a refund for the poor maintenance services or hire a new gardener.

• Scenario 2: The society employs a watchman for security purposes, but the watchman fails to perform his duties effectively, compromising the safety of residents. In this case, the society can request a replacement or a refund for the inadequate security services.

• Scenario 3: The cleaning staff hired by the society consistently provides subpar cleaning services, resulting in unhygienic common areas. The managing committee can ask for a refund or hire a more efficient cleaning service.

References

• Gujarat Cooperative Societies Act, 1961: Section 73

• Gujarat Cooperative Societies Rules, 1965: Rule 135