Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Society membership and action against structural changes

(Querist) 08 October 2016 This query is : Resolved 
I bought flat in redeveloped building in 2013, which got OC, and i got possession in May 2014. building has conveyance.In July 2016 builder started the process of getting us added as member in the same old society and not forming new society.Old society as it is will continue and their MC members.

MC term was expired in Jan 2016 and they applied with registrar for election as per new bylaws now on 18th July 2016. no updation or action by sub-registrar yet for election.
In the mean time 2 SGM are been called by the MC for structuring of maintenance and adding new purchaser as society member. Society Membership forms been submitted to MC in Aug 2016 and MC added new 14 member & resolution was passed in 21st Aug 2016 in one of the SGM.

However now the Secretary has purposely misplaced our membership application forms of 14 new members so as to delay the membership. We are opposing the illegal structural changes done by the MC and other old members of the society since last 2 years. they are affraid of our escallation complaint to registrar post adding member.we have written complaint letters sent to MC.

Now oct 2016 onwards we got the maintenance bill. we are decided not to pay the bill as we are demanding the new amended by-laws approved and implemented which they are delaying for action by way of penalty under by-laws no 159 or 160 that 5 times of the maintenance charges.

If we pay the bill,whether that implies that society has accepted our membership even though forms are misplaced and other formalities are incomplete? pls suggest

can we still demand for the penal action even though society has not approved & implemented the amended by-laws no 159?

can we still escalate the matter with sub-registrar about the irrgularities of the Managing Committee?

Kindly suggest.
adv.bharat @ PUNE (Expert) 08 October 2016
You can make complaint to the society registrar about it.

You need to aware about your right & liabilities.
SANTTHOSH SHETTY (Querist) 08 October 2016
thank you very much for your quick input.

pls also clarify whether we can reccommned for penal action as per amended by-laws no 159 even though same is not implemented by the society for MC and few old members benefits as they have done structural changes.

If we pay the bill,whether that implies that society has accepted our membership even though forms are misplaced and other formalities are incomplete? pls suggest


Kindly suggest
Kishor Mehta (Expert) 09 October 2016
Sir,
Please understand that Society maintenance charges CAN NOT BE AND SHOULD NOT BE withheld under any circumstances or reasons whatsoever.

Please also understand that society can collect maintenance charges from its registered members only.

If you have a registered agreement to your flat in order and if you have paid the society membership fee of Rs.100/- and followed and observed all the Bye-Laws of CHS, the secretary has not right to withhold your membership under any pretext, Do you have the receipt of having submitted all the necessary forms?

It is not for any person to ask for penalty for any act of commission or omission on the part of the Managing Committee of a society, you can only forward your grievances to the legal authority, which is the only judge to decide on penalty.

You can very well approach the Dy.Registrar of your zone with a complaint, further you can also approach the Consumer Redressal Forum.

Good Luck,
Kishor Mehta
SANTTHOSH SHETTY (Querist) 09 October 2016
Dear Sir

Really appreciate you valuable input as always.

we all new members always tried to resolve the issue with mutual understanding since 2 years.but now they want thier own terms and condition which is against the by-laws.

we have not paid Rs.100/- as fees as secretary was asking for Rs.500/- as per new amended by-laws which is not implemented and approved by the management committee.what can be done against MC for not implementing the amended by-laws to escape the penal action under 159 for illegal structural changes done by the MC?even their 2015-16 audit report says the above implementation.

After submission of all 14 new members forms personally in 1st week of Aug and no acknowldegement is taken as all members are the witness for the action of given docs, there was no action by MC and they asked Rs.500/-verbally. then i send one letter 1 month back asking for the updation on the membership forma and pendency if any. but till date no revert yet for my letter.

does we have the right to ask for society by-laws to be implemented and given to us for check the maintenance structure given in first bill in Oct as per the By-laws?

pls suggest.
Kishor Mehta (Expert) 09 October 2016
Sir,

New member has to pay Rs.100/- towards membership fees and Rs.500/- towards transfer fees.

It is mandatory for all CHS societies to adopt the latest CHS Bye-Laws.

You have to forward your grievance complaint as per the format of Appendix 28 as prescribed in the Model Bye-Laws of CHS - 2014.

Good Luck,
Kishor Mehta
Dr J C Vashista (Expert) 09 October 2016
Well advised by expert Mr. Kishor Mehta, I appreciate his opinion and guidance.
Ms.Usha Kapoor (Expert) 10 October 2016
I agree with Mr.Kishore Mehta.
SANTTHOSH SHETTY (Querist) 10 October 2016
Dear Kishor Sir

thanks once again. many questions cleared by your input.

even though our society membership is not completed and MC is delaying, can we approach the registrar with complaint?? can the registrar accept our complaint?

Kishor sir if you are from Mumbai, would like to meet you personally. pls share your contact no. my mobile no is 9820367690

Rajendra K Goyal (Expert) 10 October 2016
Expert Kishore Mehta has advised well can be benefited.

You can send personal message to expert Kishore Mehta.

Click his name, (profile would open) click at send PM.
Ms.Usha Kapoor (Expert) 10 July 2018
I agree with Kishor Mehta.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :