Apartment society
T SANKAR RAO
(Querist) 26 September 2014
This query is : Resolved
Sirs,
The Flat Owners Association is a registered body under AP Registration of Societies Act. The Society as its habit year after year is violating the bye-laws in auditing and presenting the financial statements such as Receipts & Payments,Income & Expenditure and Balance sheet before the General Body. As most of the members are not bothered due to ignorance or laxity, the committee is acting in its whims. Now, which Court is to be approached under what Law, if I want to put up a petition seeking a direction by the Court to get the Accounts audited.
Thanking you,
DR.VEDULA GOPINATH
(Expert) 27 September 2014
you can approach your city civil court under society registration act making the registrar of socities as opposite party along with other officials of the society
dr vedula gopinath
advocate high court
vgnath@gmail.com
m9848227926
Dr J C Vashista
(Expert) 27 September 2014
Registrar Cooperative Societies Andhra Pardesh has the jurisdiction, however, civil courts are barred to entertain such cases by (all states)Cooperative Socities Act(s).
V.T.Venkataram
(Expert) 27 September 2014
What expert Dr J C Vashista has stated is 100% to be followed
Hemant Agarwal
(Expert) 27 September 2014
1. Since the Flat Owners are registered under the Indian Societies Act, as an "Association", the State Coop. Courts will not have any jurisdiction to adjudicate any matters of an Association.
2. Since a Association is NOT a Society, Matters relating to "Association" can be adjudicated ONLY before a "Civil Court" and not before the "Coop Court".
3. The Association is a "Service Provider" under the preamble of the Consumer Protection Act. The Association office-bearers are mandatorily bound to provide yearly Balance Sheet etc.... to all the Association members, as part and parcel of the Services to members. IF the Association has failed to do so, THEN it will constitute "Deficiency and Negligence", under the Consumer Protection Act AND the association office-bearers can be successfully held liable in the Consumer Court.
4. Conclusively, Since an "ALTERNATIVE REMEDY" is available under the Consumer Protection Act, SIMPLY File an Application before the local "Consumer Forum", for reasons as above, and claim compensation and damages, which will lawfully compel the Association to "regularly" provide Audited Copies of its Balance Sheet etc.... to all the Association members, as part and parcel of its Services.
Keep Smiling .... Hemant Agarwal
READ ARTICLES ON: http://hemantagarwal21.blogspot.in/?view=sidebar
Rajendra K Goyal
(Expert) 27 September 2014
Registrar of cooperative societies has to be approached.
malipeddi jaggarao
(Expert) 27 September 2014
Mr.Sankara Rao - you have previously also raised such against the Society.
First of all you should understand that the services offered by the Office bearers is voluntary service. When majority of the members do not have any grouse, what made you entertain doubts on the society.
Registered Co-operative Society is subject to the audit by the auditors of State Co-operative Department. (Answer to your earlier query). You are revealing the exact problem and simply doubting the office bearers about misuse of funds. Go with a concrete proof to the District Registrar or Co-operative Societies and represent the matter. If they find prima facie any irregularities, they may order for special audit.
Do not use this forum for hypothetical/imaginary queries.
ajay sethi
(Expert) 27 September 2014
agree with Hemant agarwal
T SANKAR RAO
(Querist) 27 September 2014
Sir, The querry is neither hypothetical nor imaginary. I stand by the original querry. You will kindly appreciate that unless the accounts are got audited, prima facie cannot be established nor any proof obtained for complaint. Shall I allow this irregularity continued saying that other members are not bothered? I want to get it resolved without eroding my purse. I do not know whether I can brief the case in this portal after the issue is resolved.
malipeddi jaggarao
(Expert) 27 September 2014
What is the irregularity? You are not coming out. For your information, there will audit from co-operative department annually if the Society is registered one. Unless you come out with actual problem, how anybody can suggest you solution?
Dr J C Vashista
(Expert) 27 September 2014
Thanks to expert Sh. Hemant Aggarwal for correcting me as I overlooked vital point in the query and misunderstood the Society, which is registered under Societies Act, accordingly I agree with Dr. Vedula Gopinath and Sh. Hemant Aggarwal.
In the case of association, civil court has the jurisdiction.
The author has to engage a local lawyer for redressal of his multiple un-ending grudges and grievancies against the office bearers of the Association, as rightly observed by expert Sh. Malipeddi Jaggarao, I fully agree and appreciate his opinion.
malipeddi jaggarao
(Expert) 28 September 2014
Thanks to Dr.Vashista for endorsing my view.
T SANKAR RAO
(Querist) 28 September 2014
Sir, (a)As I already said the Society is regd.under APSR Act, 2001. (b)the irregularity is clear like this: The Society is expected to get the accounts audited and notified copies of financial statements and Balance Sheet at the end of every year by law as well as byelaw,the act of which the Society has been failing to do so and has become habitual ignoring its duty as the members have no voice due to ignorance or innocence. (c) It is justifiable, on my part,as you would appreciate, to raise my voice in the interest of justice. Is this wrong? I do not understand why some learned lawyer is attacking me for no reason. I want the system adopted in the Society is corrected legally as my advice is ignored.
malipeddi jaggarao
(Expert) 28 September 2014
It is not our intention to attack any querist. When there is a system of audit under Societies Registration Act, the Society is supposed to get the accounts audited. If there are some delays here and there, no member need to take so seriously and he can as well consult the Sub-Registrar of Co-operative Societies and ask for early audit. You have not yet replied whether there is any embezzlement of funds etc. Your mere suspicion will not be answered in this portal as it is meant for providing practical solution initially.
T SANKAR RAO
(Querist) 28 September 2014
Sir, you have not gone into the point.Please keep away suspicion, grudge, etc.
From the contents of other learned lawyers
I understand:
(a)that the issue referred to comes under APSRAct 2001 and not under APCoop.S.Act and hence approaching the Sub-Regr.of Coop.Societies will become a misdirection.
(b)Under APSR Act also, there is no role of Registrar in dispute resolution mechanism except Sec.23.
(c)The points in issue for consideration are
(1)Whether the Society has discharged its responsibility in auditing the accounts of the Society and presented before the AGB the financial statements that includes a Balance Sheet at the end of every year as per general law as well as the Bye-laws of the Society.
(2)In case, the Society has failed in that aspect,to consider whether a direction can be issued to the Society to get the accounts audited to facilitate revelation of the true financial soundness of the Society.
My proposed action:
(a)Issue notice to the Secy. to elicit his objections to hesitate to entrust the job to the Chartered Accountant despite my earlier request.
(b)If there is no response or responded in negative, an application will be filed under Sec.23 of APSR Act,2001 before the Dist.Court with a prayer to direct the Society to get the accounts audited from the year it had fallen due.
Dr J C Vashista
(Expert) 29 September 2014
@Mr. T. Shankkar Rao,
Your approach is absolutly correct, I endorse it.
V R SHROFF
(Expert) 29 September 2014
"@Mr. T. Shankkar Rao,
Your approach is absolutly correct, I endorse it."
I fully agree with Dr. JC
However if ur ass soc is regd as per
AP Registration of Societies Act, you may complaint to Asst Registrar to save your purse. The authority can call office bearer for Enquiry, even with complaint of a single member. NOTHING WRONG TRYING THE CHEAPEST, EASIEST WAY.
REMEMBER: CIVIL COURT CAN ENTERTAIN ANY ISSUE, DESPITE CO-OP COURT JURISDICTION. Civil Court have ample power, and above other courts..
There are hundred of civil cases going on, between member & society in civil court, and plea of Jurisdiction fails !!!!over powerinf sec 91 of Mah co-op Act 1960.
V R SHROFF
(Expert) 29 September 2014
"@Mr. T. Shankkar Rao,
Your approach is absolutly correct, I endorse it."
I fully agree with Dr. JC
However if ur ass soc is regd as per
AP Registration of Societies Act, you may complaint to Asst Registrar to save your purse. The authority can call office bearer for Enquiry, even with complaint of a single member. NOTHING WRONG TRYING THE CHEAPEST, EASIEST WAY.
REMEMBER: CIVIL COURT CAN ENTERTAIN ANY ISSUE, DESPITE CO-OP COURT JURISDICTION. Civil Court have ample power, and above other courts..
There are hundred of civil cases going on, between member & society in civil court, and plea of Jurisdiction fails !!!!over powering sec 91 of Mah co-op Act 1960.
Dr J C Vashista
(Expert) 02 October 2014
Thank you very much Sharoff ji for endorsing my opinion.
T. Kalaiselvan, Advocate
(Expert) 02 October 2014
I go with the views of expert Mr.Shroff. You may first exhaust the remedies available before you i.e., to make a representation before the Registrar of cooperative society, seeking his intervention the subject matter, if his actions prove futile or there is no proper response, you may approach the civil court for remedy.
