Need guidance
Roland Noronha
(Querist) 28 June 2013
This query is : Resolved
Dear Sir,
A) During AGM/GM, we have passed a resolution stating that any negligence wastage of water may attract a penalty of Rs.500/=. We have situation here, that one of the members was carrying out the furnishing of his flat. The toilet tap broke and water was gushing out with heavy pressure. The labourers did not inform the watchman or any member of the society. The water was gushing out right from 9AM TILL 12 Noon. If the watchman was informed the watchman would have closed the main supply from terrace. Do we need permission from the registrar to levy the penalty – we have passed resolution which has been passed with majority.
B) The Son-in-law of the 83 years old member is carrying out the furnishing and he has broken the Iron Rods with grinder from the RCC Design/Structure. We have taken the broken iron rods in our custody. The son-in-law says this was done by the labourers in his absence and he will re-fix them. How he will re-fix them is unknown to us. When we questioned the labourers in front of 2/3 members of the society, watchman, chairman – the labourers made a statement that they advised him not to cut the iron rods but he insisted on cutting the iron rods saying he will take the responsibility and now blaming his labourers. What action we can take on him – the safety of 56 members and their families is top priority for us keeping in view so many building crumbling in Mumbai.
C) The Son-in-law has not placed any authority letter from his mother-in-law and/or POA to the Secretary. He carried out the activity without any information to the society. When questioned by the Secretary, he brought a letter signed by his 83 years old mother-in-law (Actual Member). That letter does not mention the name of her son-in-law - it just mentions that her family member is carrying out the job. NO copy of POA is also shown to us. As of today, No member of the Society or Managing Committee Member has either exchanged any verbal or written communication with the 83 years old member – we have not even seen her. They stay in the neighborhood building hardly 5 minutes from our building. Since few members have recognized this person we know he happens to be the Son-in-law of the member. Is it not mandatory to have an authority letter to carrying out such activity – now that illegal work has taken place i.e. breaking of Iron Rods from the RCC Design/Structure?
What is the remedy for this.
Grateful, guidance for the above 3 queries.
Rgds
Roland Noronha
Sudhir Kumar, Advocate
(Expert) 29 June 2013
read query.
I am not commenting on the legality of fine on wasting or water. You have not intimated if the resolution was in tune with constitution of the society and if it is a formal amendment of society constitutions whether such amendment has been registered.
Sudhir Kumar, Advocate
(Expert) 29 June 2013
regardless of the above query of water wastage. Your query indicates that the person has accused damage to the safety of the building.
He is guilty of causing public nuisance and is under obligation to get is removed. Without resorting to any litigation he can be compelled to do so by SDM only if an application/s 133 CrPC is made.
Your action is only half. Society Pradahans have a tenancy to assume them to all encompassing authority and you have fallen in this trap. What he has done is a clear crime and you should have called the police and get the property sealed being injurious to public health. They would have also recorded statement of the poor labourers on whom you have found that the blame is being shifted.
You have to request the police to register a formal case against him. However the case fill be filed against the official member as well.
If you do not take concert action then half of the members will be blaming you of inaction and other half will blame you for harassing 80+ member and local Sr Citizen Forum may also like to have some mileage at your cost and these people have a say in Police as well.
However, even if you take concrete action still there will be some micro scoping whispered who will blame you for calling police to to society. But if you take no concrete action some members can allege connivance by neglect and no surprise that criminal action may lie against office bearers as well.
Since the person has not provided any bonafides to your satisfaction you may be justified in temporarily barring his entry
However since the matter is sensitive it is better the urgent General Body Meeting be called and action taken be apprised to them.
Sudhir Kumar, Advocate
(Expert) 29 June 2013
regardless of the above query of water wastage. Your query indicates that the person has accused damage to the safety of the building.
He is guilty of causing public nuisance and is under obligation to get is removed. Without resorting to any litigation he can be compelled to do so by SDM only if an application/s 133 CrPC is made.
Your action is only half. Society Pradahans have a tenancy to assume them to all encompassing authority and you have fallen in this trap. What he has done is a clear crime and you should have called the police and get the property sealed being injurious to public health. They would have also recorded statement of the poor labourers on whom you have found that the blame is being shifted.
You have to request the police to register a formal case against him. However the case fill be filed against the official member as well.
If you do not take concert action then half of the members will be blaming you of inaction and other half will blame you for harassing 80+ member and local Sr Citizen Forum may also like to have some mileage at your cost and these people have a say in Police as well.
However, even if you take concrete action still there will be some micro scoping whispered who will blame you for calling police to to society. But if you take no concrete action some members can allege connivance by neglect and no surprise that criminal action may lie against office bearers as well.
Since the person has not provided any bonafides to your satisfaction you may be justified in temporarily barring his entry.
However since the matter is sensitive it is better the urgent General Body Meeting be called and action taken be apprised to them.
Sudhir Kumar, Advocate
(Expert) 29 June 2013
repeated
http://www.lawyersclubindia.com/experts/Guidance-on-society-matters-403071.asp
Raj Kumar Makkad
(Expert) 29 June 2013
No reply against the repeated query and Sudhir also could know about repetition when he provided long long replies against the query.
