Co -operative society matters

ali (Querist) 16 June 2008 This query is : Resolved
I am residing in C’ Wing & my Building has 3 Wings A ,B & C in one Plot.

A & B Has Society Formed named Seguall Co – Operative Society

Well A & B has Different Water Line for which as Different Invoice is Sent to Them By Birumumbai Mahanagar Palika

They have Different Electricity Meter For Staircase & Other light.

They have separate Assement invoice ie Muncipal Tax Paid by them.

A & B wing Resience are old Tenant’s while C’s wing is new owner who had purchase.

Well Sir Segull Co-operative Society had served a notice From Registar of Co-operative Society U/s 101 to Pay Society for Assesment & Water Charges, parking Charges etc

But The C’ Wing Member had Different meter For Electricity & Water Line Of which Payment Is made By the C’ Wing member’s Only

Sir Please Answer my Following Questions

1] Can C’ Wing member can Form Different Society ? as they Have Different Electric Meter, Water Meter & Different Assessment.

2] While Forming the Seagull Co op Hsg Society no Consent was taken from member of C wing. Nor C Wing members where Called at the AGM. As C wing are not Member’s of Seagull Co op Hsg Soc & neither using any of amenities of Seagull Co – Op Hsg Soc.

How Can Registar of Co –op Hsg Society Can serve a notice U/s 101 ?

3] In C’ Wing there are 14 Member’s Residing. The Complication is That out of 14 members there is one Tenant who has became the member of Segull Co –op hsg Society & using the amenities of C’ Wing & not paying any Of cost for such amenities ie (Share Of electricity Bill / Water Bill & Assesment Bill) the same is paid by him to Seagull Co – Op Hsg Society as he says he is Seagull member

Can we Recover Him the Cost from him which is bare by the 13 people ?

As 1 member residing has become the member of Seagull Co –op hsg Soc then also can C’ wing member’s form the Society ?

4] In case of Absent of any member who is the Owner & wants his son to attend the Case So POA is Required ? if Yes Please Give me the format of it?

5] Sir Who can Become The joint Secretary in Co –op Hsg Society?

As last time the Seagull had sent a member who declared himself as the joint Secretary but it seems that he is not the Owner of Flat? So a person not a owner of Flat can become Jt Secretary?

6] As the opponent ie Seagull Co –op Hsg Society has not Paid any invoice which he is Claiming From US (ie member of C wing) as if the opponent is Defeated in the case then can we Claim the expenses (ie Legal Charges which incurred by us to
Defend the title) from the opponent?

Sir As the Case is on going & decision is pending Can u Help me on Same with important Section and matter to be Produced in the Court relevant from chances of winning the case.

Sir We had Filed the papers to registar Explaining that we are not member of Seagull Co – Op hsg Society & not using any amenities.

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KamalNayanSaxena (Expert) 28 June 2008
kindly download sale letter of your flat along with constitution of seagull housing society at knayans@gmail.com

Prakash Yedhula (Expert) 29 November 2008
Whether the C wing members are members of the Society? A separate society can be formed for C wing if they are not members of the existing society. The bye-laws also needs to be looked into before answering your queries.