Action against builder and redevelopment committee
SANTTHOSH SHETTY
(Querist) 09 February 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. 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.
In addition to the above cheating, committee given verbal permission to builder against the money deal to change the structural changes in the building like building shop in place of hydraulic parking. The secretary & other committee members convinced me to do chajja extention by saying builder will pay the cost as I got the less area and builder will get the legalized of chajja area extention. The Treasurer introduced contractor for all old members chajja exteention post obtaining the OC. Builder is now not cooperative and the secretary is ignoring the previous commitment of getting the chajja extention area legalized by the builder.
Society is not following any bylaws and not even writing any minutes of the meeting. Now the some of the new flat purchasers are complained about the above deal and they got possession of redevelopment agreement post which I came to know about the irregularities of the area in redevelopment. New flat purchaser even complained of the above action with Registrar, BMC and new flat purchaser may file court case against the committee & builder
What action I can take against the redevelopment committee and builder. Builder till date not handed over the building to society as new flat purchaser are yet to add as member in the society and release of redevelopment rights is not yet happened. Even builder till date not given any passion letter to us even though we are staying in building since 3 years post obtaining the OC.
i will be greatful to your kind advise to file case against the builder and redvelopment committee
Kishor Mehta
(Expert) 10 February 2017
Sir,
It depends on the documentary evidences that you have about your complaints.
You had better collect evidences from MCGM and from the managing committee which may sustain your complaints, then you may stand a chance to get justice.
Good luck,
Kishor Mehta
Rajendra K Goyal
(Expert) 10 February 2017
All the documents need to be referred, discuss in detail with local lawyer on each and every aspect.
If the situation allows, take the possession and take legal action against them afterwards.
R.K Nanda
(Expert) 11 February 2017
take help of local lawyer.
SANTTHOSH SHETTY
(Querist) 14 February 2017
In the above mattar society committee didnot follow the Directive under Section 79(A) of
Maharashtra Co-operative Societies Act
1960 to all the Co-operative Housing
Societies in the State of Maharashtra.GOVERNMENT OF MAHARASHTRA
No. CHS 2007/CR554/14-C- dated 3rd Jan 2009. they even didnot circulate the meeting notice with proper agenda, even not informed registrar about the appointment of builder, registrar was not present for the special general body meeting of finalising the bidding, no video recording of the meeting done, not shared plan or redevelopment agreement copy with members till March 2016 where building completed in May 2014 and got OC. at the time of possession and allotment of flat registrar was not present nor any meeting taken by the committee. kindly suggest your views for taking action. only court case or the above can be complained with registrar also.
SANTTHOSH SHETTY
(Querist) 30 March 2017
i already complained with registrar and hearings are on. now today morning the registrar has ordered committee to give revert to all my written communications which they silently ignored earlier and ordered to submit complaint with BMC for structural changes done in the building including all committee members. registrar has given further hearing date of 20th April 2017.
but now toady evening they displayed notice stating all committee members have resigned and there will be no water, and sweeper facility at the building.
now what we can do in situation like this.The chairmans resignation is been submitted at registrar today without our knowledge and displayed at notice board. kindly suggest.
