false affidavit

Querist : Anonymous (Querist) 01 May 2011 This query is : Resolved
In a co-operative society a member has filed an affidavit saying that that the flat is purchased for a residencel use and no change of user will be there.After the flat got transfereed on his name he removed 2 shop act licences on the flat adress and started a buisness of sticker printing.Now society has objected him for the same but he is saying this is my flat i can do anything.A complaint given to the corporation gone to the dustbin.however society managed to get the shop act licence certified copy from the concerned office with the help of Rti.Now what action can be taken about the false affidavit submitted by him to the society and we can stop his commercial activities in a residential society.Suggest some strict action criminal/civil for quick solution.

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Amit Minocha (Expert) 01 May 2011
you go thru the respective cooperative society byelaw. according to which you can expel him as a member. A resolution in GBM and three notices with an opportunity of personal presentation of his case before MC and finally for approval from registrar after passing in MC meeting is the rule in case of DCS Act.

In the mean while you can ask for permanent injunction against him for taking on any commercial activity in the society.

Adv ramesh chheda (Expert) 01 May 2011
dear queriest,
I wish to inform you that i had similar issue but here i had my client doing the same.
This is dne on the principale that if statues give any rights u cannot restrict any person from enjoying that.
So now if building bye laws of corporation permits person to run a shop in the building , with their necessary approvals in such a case, even if he has given any undertaking , u cannt stop from doing so.
And again it cannt be said false affidavit because, at the time of giving affidavit he was running shop but he has done that subsequently.
I hope u r querry has been answered to u r satisfaction. in case, if u wish any more information then pls talk on 9870112826
thnx

Guest (Expert) 01 May 2011
yes if a person is permitted to do any thing provided by the organisation who provided that flat than no body can restrict but it must be lawful and in accordance with the permission of the organisation

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