Serious problems in redevelopment of our society
Kiran Pande
(Querist) 13 November 2010
This query is : Resolved
We 4 minority members have refused to sign the consent affidavit due to:
A/ No floor plan is given before signing. Hence we don't know-how many floors, flats etc.
B/ Developer insists, he w'll give the plan only after signing the consent affidavit and that then we w'll HAVE to approve the plan
C/ The builder is not giving closed parking to all the members.
D/ Tendering process not as per the govt order.
E/ Many other issues on the legal status of the managing committee.
F/ The managing committee has gone ahead and registered the agreement with the registrar.
Our queries:
1/ Can we, as in minority, be evicted and our membership debarred?
2/ Can we file a writ petition for re-negotiation/ cancellation of the agreement?
3/ Or should we sign the consent affidavit?
PLEASE SUGGEST AN ADVOCATE WITH CONTACT NO/E MAIL IN MUMBAI ASAP.
Kiran Pande
9920991661
e mail: kiran.c.pande@gmail.com
Devajyoti Barman
(Expert) 13 November 2010
1. Legally no
2.No, you have to first approach the DRCS- Deputy Registrar Of Cooperative Societies with your grievances.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 13 November 2010
But first who has formed the managing committee., it must be by consent and majority of members. So why others are silent.
If the managing committee is not formed by the consent of all , insist for doing so and it will solve all your problems.
Kiran Pande
(Querist) 13 November 2010
Thanks to the learned experts. thank you very much.
To elaborate further:
our present dilemma is:
A/ The majority have signed the consent affidavit because of 1/ a fear of the fate of the old building an 2/ they got 30% of hardship money offered by the developer.
B/ Nobody got a floor plan and nobody knows what are they getting in return for their prime property of more than 2500 sq. yards in Chembur facing the garden.
C/ One of the clauses of the consent affidavit says that we can not object/ challenge the agreement.
D/ The developer has said (as per the managing committee letter) that he will give the plan only after signing the consent letter and that we can not change it.
E/ It seems that there is a supreme court judgment that parking space belongs to the society not the developer. However, the developer has refused to give all the closed parking space to the members.
F/ In a hurry, as the managing committee got a majority, they registered the agreement with the registrar. There are other lapses as well.
In view of the above, we 4 senior citizens have not signed the consent affidavit and now being told that we could be evicted and debarred from the membership of the society as per some recent High Court judgment going against the minority who did not vacate.
Therefore, our apprehension is:-
1/ Should we sign the consent affidavit? 2/ What legal course should we take-how to proceed to save our future?
Kiran Pande
Chembur, Mumbai 9920991661
Emai: kiran.c.pande@gmail.com
