Membership of committee members
SANTTHOSH SHETTY
(Querist) 01 March 2017
This query is : Resolved
I am registered member of society in Mumbai, since 9 years and aged 70 years old senior citizen. In 2010-11 gave my consent for redevelopement with the builder offer of 12% additional area to all the members. The offer was discussed in Special general body meeting and we gave our consent on 17th july and redevelopment agreement registered on 26 july 2011 by making changes in the additional area %(25% to 35%) to gain more area to redevelopment committee other than the offer of 12% without passing any rectification in the resolution passed already or passing any further resolution. Post registration even the copy of the redevelopment agreement was not shared by the committee to members.Committee didnot follow the directives for redevelopment given by the govt dated 9th Jan 2009 by calling the registrar for redevelopment process and video shooting of the Special General body meeting and allotment of flats once completed. I always argued with committee of illegal dealing and asked for redevelopment agreement & approved plan. I got passion in May 2014 with additional area of 14% post change in plan adjustment but committee members got the area of 25% to 35% free of cost.
1. as per redevelopment agreement 400 sq ft of carpet area was offered to committee members and actual given 500 sq ft carpet area free of cost and not paid the stamp duty on the additional 100 sq ft area. does this mean that their agreement is null and void to consider the membership of the society even though old tenant being cheating the stamp duty to the govt. advice whether their membership becomes ceases to exist due to invalid agreement? they are still running the society with thier dictatorship rule.
Dr J C Vashista
(Expert) 01 March 2017
Too long story, discuss with a local lawyer
Dr J C Vashista
(Expert) 01 March 2017
Too long story, discuss with a local lawyer
Ms.Usha Kapoor
(Expert) 02 March 2017
Contact a good expert local lawyer.
Kishor Mehta
(Expert) 02 March 2017
Sir,
You have already waited for nearly three years.
Have you ever submitted written objections or complaints to either the society managing committee or the Dy. Registrar about your above grievances? If so, then you can take recourse to further procedure.
Good luck,
Kishor Mehta
Kumar Doab
(Expert) 02 March 2017
The author may respond to the point raised by Mr. Kishore Mehta.
SANTTHOSH SHETTY
(Querist) 02 March 2017
thanks to all for advise
Kishore Sir
we already filed complaint with Registrar in Nov 2016 and delay in process due to as stated we got the copy of redevelopment agreement in March 2016 and the hearing will happen in this month. we are in the process of filing case in consumer court and criminal case of cheating and fraud. can we say that thier agreements are not properly stamped, hence their society membership becomes ceases to exist?
kindly suggest same is justified from the above point or not.
Kishor Mehta
(Expert) 03 March 2017
Sir,
In any Court of Law importance and weight-age is awarded to valid and tangible evidences.
If the measurements of the flat are erroneous you can confirm these from the copies of the certified building plans from the MCGM.
Please understand that you should be able to produce evidence to prove your claims.
Good Luck,
Kishor Mehta
SANTTHOSH SHETTY
(Querist) 04 March 2017
thank you kishore ji
we have tangible proof of plan, development agreement which clearly shows the area differences between the actual flat given and redevelopment agreement.
we are in the process of filing case in consumer court.
Kishor Mehta
(Expert) 04 March 2017
Sir,
Make haste. Please understand that the consumer grievance appeal should be filed within two years of the date of cause of action.
Good Luck,
Kishor Mehta
SANTTHOSH SHETTY
(Querist) 05 March 2017
Dear Kishorji
We got Oc in building 2014 and builder given copy of the development agreement & plan copy in march 2016(proof available), even though redevelopment agreement was registered in 2012. then we anylysed the things. after that we started sending letters to commitee of cheating and filed complant with registrar.
