Rectification of injustices done in 1997 and from 1997 till 2002

All your queries can be attended to properly provided all the relevant documents and papers are perused and scrutinised and the situations are analysed based on the documentary evidences against the reported allegations and other events.

Therefore you may better obtain a consultation with any expert lawyer of this rforum or outside and get an idea of what can be done to resolve this issue permanently.

Any opinion based on the blunt infomation provided by you here may not fetch you proper or uselful suggestions. 

Instead it may even be a misguidance

When a fine was imposed in the year 1997, why did keep silent all these years and without consulting a local advocate?

Originally posted by : kavksatyanarayana

When a fine was imposed in the year 1997, why did keep silent all these years and without consulting a local advocate?

You are absolutely right. I should have approached the law long back. However I did not do so due to multiple reasons. Some of them are

Reasons :

* I was hoping that good sense prevails and the fine would be withdrawn. That never happened.

* I was not legally iiterate and did not know whom to approach and how to approach.

* Likelihood of physiacl assault

Consult a local prudent lawyer with case file.

Yes.  Consult a local prudent lawyer as advised by the prudent expert Sri Dr.JCVashista Sir.

Dear all eminent lawyers ,

Many thanks for the responses .They have been provided keeping my best interests in mind and I appreciate the gsture.

I am already talking to a senior lawyer in this regard . However , I have posted the query on this forum for a more refined opinion & more viewpoints .

Besides

A ) Blame is a powerful weapon & must be used sparingly .

B ) The Indian legal system works very slowly & hence I want to take opinion & viewpoints from multiple sources before I decide to file a legal suit .

Therefore , I would be greatly obliged if  based on the information that I have provided the forum could provide a preliminary & a basic  response .

Conceptually I wish to know : 

A ) Whether the current secretary is duty bound to rectify the injustices done in 1997 & from 1998 till 2002.

B ) If he does not do it who will do it ?

Please also  note that the society has not yet initiated recovery proceedings against me even though it is labeling me as a defaulter since 1997.

Therefore , I request all the eminent lawyers on the forum to provide some basic information so that a decision can be taken whether it is worthwhile to file a legal suit.

Also if the forum is aware of any jrelevant udgments / citations in this regard please send me the links so that my team can study it .

Thanks once again .

Regards ,

Veerendra Darakh 

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I presume that yours is a co-operative housing society. In which State is your Society? Laws change from State to State. If the Society should levy a penalty on you there must be provision in the law for the Society to impose such penalty. The Model Byelaws of Co-operative Housing Societies in Maharashtra has provision for imposing penalty on recalcitrant members. But the procedure and requirements are so cumbersome  that it is almost impossible to levy a penalty on a member. Your complaint is against the Society and not on the Secretary or an office bearer as a person. You do not have to worry who the person is the Secretary. If you file a case against the Society, whoever is then the authorised office bearer of the Society, will receive the notice from the court and he has to answer. Members pay their dues by cash or cheque to the authorised officer of the Society and the officer issues them receipts. In some societies members directly pay their dues into the Society's account with the bank. The bank account will show the credits but will not show who paid the amount and on what account. It is very cumbersome for  the Society to finding out who paid the amount and on what account. The member should in his own interest immediately share with the society in writing  the details of the amount paid by him and on what account. It appears that you have not done all that you should have done. Do all the things and then complain to the Registrar (generally the Assistant Registrar or Deputy Registrar of your ward. If the Registrar does not take action or you are not satisfied with the action taken by him, you can file a complaint before the Co-operative court.

Originally posted by : Dr. MPS RAMANI Ph.D.[Tech.]

My response in bold and italic font 

I presume that yours is a co-operative housing society. In which State is your Society?

Mumbai , Andheri East.

Laws change from State to State. If the Society should levy a penalty on you there must be provision in the law for the Society to impose such penalty. The Model Byelaws of Co-operative Housing Societies in Maharashtra has provision for imposing penalty on recalcitrant members. But the procedure and requirements are so cumbersome  that it is almost impossible to levy a penalty on a member. Your complaint is against the Society and not on the Secretary or an office bearer as a person. You do not have to worry who the person is the Secretary. If you file a case against the Society, whoever is then the authorised office bearer of the Society, will receive the notice from the court and he has to answer. Members pay their dues by cash or cheque to the authorised officer of the Society and the officer issues them receipts. In some societies members directly pay their dues into the Society's account with the bank. The bank account will show the credits but will not show who paid the amount and on what account. It is very cumbersome for  the Society to finding out who paid the amount and on what account. The member should in his own interest immediately share with the society in writing  the details of the amount paid by him and on what account. It appears that you have not done all that you should have done.

I have shown them the records more than 11 times. But still I have not been given a receipt.

Since last 4 years I am proceeding with the guidance of lawyers and I have even filed a case of overbilling u/s 91 of MCS act in co-operative court. 

The intention of my original query was to get some basic idea of how to file a mental harassment case ?

Under which section should the case be filed ?

Who should be made the respondents ? The current secretary or the previous secretary ? 

If I make the current secretary as the respondent will he make the previous secretaries and office bearers the co defendants ? 

What kind of compensation should I ask for ? 

Finally given the pace of the Indian legal system whether it is worthwhile filing such a case ?

Hope the senior members provide a borad basic general response .

Thanks once again

Do all the things and then complain to the Registrar (generally the Assistant Registrar or Deputy Registrar of your ward. If the Registrar does not take action or you are not satisfied with the action taken by him, you can file a complaint before the Co-operative court.

Under the Maharashtra law if a penalty is to be imposed on a member the following is the procedure.

1.      The society should pass a resolution first in an MC meeting to proceed against the member.

2.      Then show cause notice should be sent the member asking why action should not be taken against him. The member may reply or may not reply.

3.      In either case the MC should call a general meeting of the members giving the agenda. The accused member must be invited to the general meeting to present his case.

4.      At the meeting the MC should present the case to the general body and the accused member also should present his case. Members of the general meeting can express opinions. The MC shall then propose the action to be taken and put to vote. If majority approves, action will be taken accordingly.

This is a cumbersome procedure. Members are generally lethargic and do not the meeting. Most will not want to take sides. On the other hand the accused member can bring to the meeting members, who are his friends.

You have not mentioned what was the case against you and were the procedures followed. Hence it is not possible to express any opinion.

When you file a case against the Society, the Society is the respondent and not the Secretary or any other office bearer by name. The Secretary may go on changing and you do not have to worry about it. The incumbent Secretary has to take action and he is responsible for all past actions of the Society. Pass office-bearers have nothing to do.

Under the Maharashtra Co-operative Societies Act, 1960, any dispute between a member and the Society has to go to the Co-operative Court. I do not know whether cases before the Co-operative Court have provision for mental agony.

As regards your payments not appearing in the Society accounts, I have already stated the reason.

You appear to be emotionally acting. Emotions have no place in court cases. You must have a well-equipped lawyer to fight your case. Such lawyers are difficult to get for small cases.