Co-operative housing society.
Sachin
(Querist) 24 March 2012
This query is : Resolved
1. A builder has created a co-operative housing society under the provision of Mah. Co-op. Societies Act 1960. Initially he registered the society with 11 founder promoters. Those 11 promoters have neither pay anything nor deal with the society affairs. They were all employees of the said builder.
2. The builder offered mass no. of state Govt. employees to be member of the said society and get Housing loan under GIS (Group Insurance scheme) from the state government. The mass people agreed and became the member of the said society.
3. Builder prepared all necessary documents and submitted loan proposal in the name of society to the Govt. of Maharashtra, Co-operative Dept.
4. After loan sanctioned he received 30% of the loan amount then 40% and last payment he received is 30% like this the builder received all 100% payment from the Govt. through society.
5. After completion of the houses the allotted units he then put in to the possession of the real members of the society.
6. But after that, The builder never handed over the original documents, deeds, receipts, share certificate book, cheque books, pass books to the society.
7. He is now constructing few commercial shops in the society’s land premise. He is without prior permission even trying to sell units to third person who is not State govt. employee.
8. The builder did not even transferred bank account to the real members. The bank account is still operating by the founder promoter who is not anymore members of the society nor he is beneficiary in the society.
(a). Can all beneficiary members file a criminal suit against builder ?
(b). Can society take legal action against existing Bank a/c which is not transferred to the society ?
(c). Can society seek to the court of law to rescind sale deeds executed by the builder using the name of society ?
(d). Builders namesake chairman is not beneficiary of the society he does not even holds shares, What action can society take against him ?
Raj Kumar Makkad
(Expert) 24 March 2012
a. Instead of criminal why such members do not want to file the desired petition before the registrar?
b. Society by passing a resolution can approach banker to stop operation of the account till the dispute is settled.
c. Yes.
d. make complaint to the registrar and such person shall have to leave the society.
V R SHROFF
(Expert) 24 March 2012
Refer to Registrar / Asst Regi of Co-op Soc
He will hold inquiry in this matter and do needful.
ajay sethi
(Expert) 24 March 2012
well when a cooperative society is formed a annual gneral meeting is called of all members of the society wherein builder hands over charge to the society . was it done? was notice issued to all members of the society?
gnerally in said meeting managing committee is elected . was a managing Committee elected ?
your query is silent on these vital aspects .
Sachin
(Querist) 26 March 2012
1.No notice issued to members of the society from builder.
2.Builder did not hand over the charge to the society.
3. All members of the society in the last month called general meeting & formed managing committee.
4. And now all members thinking of file a petition before Deputy Registrar, Co-op. Soc. in this connection.
Query - 1. To handover the charge to the society, is there any time period fixed for builder?
