Is unelected rwa take any major financial decision or resolution without consent of residents?
Gulshan Arora
(Querist) 01 March 2017
This query is : Resolved
We are residents of newly registered society in Faridabad. Few people had registered RWA under Haryana society registration act 2012 without any discussion with residents or may be registered by misrepresentation. And, now they neither increasing members nor declaring elections and still have unelected body. Also stil they accepted documents around 250 residents but not given any confirmation about membership or no etc. those applied for membership, Society have 1500+ flats. Now they are trying to change maintenance agency even they dont have maintenance rights of common areas or not taken handover from builder.
I have an apprehension that on which legal basis new agency will able to collect CAM charges? Initially builder introduced one agency for providing maintenance services under have legal rights of the property and done an agreement with each & every flat owner as an acceptance to pay his/her CAM charges legally.
In this new scenario, neither nominated RWA yet have taken handover from Builder by which they get legal rights for providing maintenance services for common areas nor have an elected RWA for legal reorientation to provide maintenance services for common areas as well as not bound individuals by an agreement to execute legal liability. In future if anyone not pay his/her CAM either not living in society or any other reason. How this unelected RWA will in position to recover the pending money from defaulters legally.
Sudhir Kumar, Advocate
(Expert) 02 March 2017
Story of RWA/HOUSING SOCIETY is similar every where.
In addition start popular campaign and get this RWA/HOUSING SOCIETY voted out.
Most of the office bears are retired petty Govt officials from low level, non-decision making gazetted posts or even below, who had throughout life been half slaves and power starved and after retirement are agile and of no other use to their family and not worth any respectable job. If anyone of them is a Ex-JCO of Armed Forces, he will always claim to be treated with utmost reverence while he will tend to treat all residents at his command. He will also like guards not to be polite to anyone else then him. Or else they are young property dealers giving impression of muscle power from nearby village. They both have a common strength of having ample spare time. They have a common weakness of not being able to keep proper account of the RWA/HOUSING SOCIETY Money and not able to get a proper audit. They are always open to the challenge of embezzlement (even if they have not done). As a policy they do not like to share the copy of registered constitution of the RWA/HOUSING SOCIETY .
They are more active in RWA/HOUSING SOCIETY where there is no big temple and their greed for power is not satisfied in temple fund. They have a common habit of not being aware of law and common tendency to argue on the basis of law when other person does slightest error. They always argue illegality of election when voted out.
Some of them have rehearsal in office bearers in Govt colony before retirement. But during those days they cannot behave like such imprudence as till them they are bound by service norms and RWA/HOUSING SOCIETY s of Govt colonies are controlled by Govt and not by Registrar of cooperative societies. They are always very courteous to those residents whom they believe to be well placed/ well connected and pay utmost regard to him. Some of them may be teatotallers and may also be wine addicts. It does not make much difference on their bahaviour.
They have a common rudeness with guards, laundry woman, maids, gardeners, car washing boys, plumbers, vegetable vendors, kabari, electricians, carpenter, milkmen etc, priest of local temple etc who happen to visit colony for a living. At times they are their milch cows. Delivery boys of restaurants to not scum to them because of support of large company. In any case the Postman is public servant so forget to harass him. Each report of theft of bike or car stereo is a boon for them so that they can derive more sadistic pleasure in more harassing the residents and workers in the name of “security” and threaten any resident of reporting against him to the police. I have also seen them to obtain written complaints from poor guards and giving police complaint of robbery of personal cash and then getting rebuked by police.
Falling out of definition of Public servant in Prevention of corruption act they cannot be charged under PC act for embezzlement or bribery. Booking such persons in charge of extortion or fraud is generally avoided by the residents.
In case some poor person has slightly jumped the municipal law and converged part of his dwelling unit into grocery/ stationary short etc then they have a right to behave with him the way a madari behaves with monkey. Even poor woman doing petty stitching jobs from flats are at times harassed. They do like to harass the tenants but do not venture much because since they have no permanent stake the tenants do not mind slapping/beating them and even calling police. I have heard them at times helping the tenants if they intend to grab the flat.
Simply because of grey hair some people like you choose them to represent and they start feeling like Feudal lords. They enjoy sadistic pleasure in such acts and generally do not have any moral or financial backup to face the litigation. However as long as office bearers the police/MCD/Local DDA officers if not very smart are likely to be influenced by them.
It is lucky that they have not been given sovereign powers like village panchayat.
If you are not able to tame them in time they will hold entire society to ransom.
No solution is possible unless you vote them out. Voting out such Sr citizen rogues following the following phases.
(i) they do not agree for election. One has to take Herculean steps and even complaint to registrar.
(ii) they do not show constitution copy to anyone and one has to obtain from registrar office and to see the provision and periodicity of elections.
(iii) they try to manipulate the voter list.
(iv) They appoint returning officer of their wish, if not opposed by general body.
(v) when election process starts these semi-literate buddas (till yesterday claiming that they do not know laws) suddenly gain legal knowledge and each one of them become attorney.
(vi) they allege bias on Returning officer when defeat is near.
(vii) when lost elections they allege illegality of elections and refuse to hand over document.
(viii) they decline every gentle plea of new executive to hand over the documents and finanace. However when some assertive semi-goon type resident gets frustrated and threatens then they forthwith hand over documents to new body.
(ix) they stop attending common functions.
(x) now when outside the power they just sit on the "pulia" outside gate and stare women with they old dried eyes.
(xii) They would just not go to the bank for change of signature of new executive and new executive will give application to bank.
(xiii) cash in hand which is not deposited in bank, till the time of election, is anyway theirs.
rajeev sharma
(Expert) 02 March 2017
Sri Sudhir ji thanks for writing such a good article on unworthy societies and their creators. The query is from an awakened person who want to know what legal remedies are available to him agaist such society.
A society initially is merely an association of seven person other members may join subsequently. The reported fact is that the delinquent society has collected document from 250 residents and has not given them any document of membership. If the so called society has collected any amount in the name of membership fee and not entered their name as member of society then members of society may be charged for cheating .
A complaint may be lodged with registrar of societies
As suggested by Sri Sudhir ji sometime such fake society is formed at the behest of builder himself so that they may get rid of their liabilities of maintenance .If the society demand any maintenance charge a civil suit seeking restraining order against the society may be filed.
Gulshan Arora
(Querist) 02 March 2017
We made written complaint two times to Registrar of societies with signatures of 300/400 residents, but still we are waiting to hear from his office. Now, this unelected RWA is trying to change existing maintenance agency of his founder members choice, what are remedies are available with residents. Even few residents had file a case in District court to get stay but that one also rejected by Court as four lawyers were presented on RWA side and lawyer present from resident side not get sufficient chance to speak & put his side facts. See the order CIS No. CS-347/2017 Faridabad (Haryana)
rajeev sharma
(Expert) 02 March 2017
You may file appeal in High court or may file a fresh writ seeking direction against Registrar to decide the representation pending with him. Since the pleadings made by you and the society and the order is not available hence no advice on facts may be given. It is better to consult some senior counsel High Court.
Rajendra K Goyal
(Expert) 02 March 2017
May proceed as advised by the expert rajeev sharma.
Rajendra K Goyal
(Expert) 02 March 2017
Repeated query;
http://www.lawyersclubindia.com/experts/Is-unelected-or-nominated-rwa-is-allowed-to-work-as-full-statutory-body-registered-under-hsra-2012-633506.asp
Guest
(Expert) 02 March 2017
Agreed with Madam RK Goyal
Sudhir Kumar, Advocate
(Expert) 02 March 2017
Before moving to High Court he must consider giving complaint to Registrar.
Sudhir Kumar, Advocate
(Expert) 02 March 2017
the author may kindly confirm or deny whether his problem is or is not covered by my observations on the functioning of RWA office bearers.
This will help me to enhance experience.
