Apartment litigations
elango.parameswaran
(Querist) 01 September 2020
This query is : Resolved
Dear Sirs,
I am living in a108 units apartment in Chennai. it s registered under Societies Registration act of TN with no 529of 2014.My son is the legal owner.he has authorized me to represent on all matters relating to Apartment Association. In fact, I am the founder President of the Association.
I am regularly paying maintenance charges & other charges if any without any default.in 2018-19 we decided to repaint the entire building. Association collected nearly Rs.50.00 lakhs for this, apart from regular maintenance. the painting& other major work completed in 2019-20.In the meanwhile, Association collected Rs.5k from all due to water charges due to water scarcity.
I used to comment in Association Whatsapp group that accounts should be transparent, & president should notify receipt vs payment for water charges collected. I was replied that accounts wiilbe shown in AGM.
Since, I have some doubts on the genuinity of expenditure, & doubts that there was no proper bills and vendors were paid in cash more than Rs.20k, I raised disputes with the present team of Association. I gave a list of queries to them,which they acknowledged. one week later, they informed all the information relates to the previous president and suggested to give a letter to him. so I sent a letter with 15 points including mode of payments to vendors, bills etc and detailed breakup expenditure for major works. the previous president refused to receive my courier post. it was returned to me as party refused. but i saw him with the cover in his hand & discussing with his supporters. I think it is deemed to have been received.
Hence, I requested the present president to ask his predecessor to show me the records in as is where condition. nothing happened. instead, they started reconciliation talks and informed all my points will be answeredin AGM on 27.9.20.they also pressure me to leave this as past is past.
in meanwhile the previous team, target me and spread unwanted rumours to spoil my reputation. they have decided to defame me in the AGM, I heard.
the previous team slaughtered 2 well grown trees i planted in memory of my retirement. when asked, it was not intentional but to avoid damage to compound wall, trees were cut. but trees more talker than mne were not cut.
the entire Association is against me and humiliating me for raising dispute on the correctness of Account
kindly advise as to how should i take the matter ahead. can i initiate Amy legal proceedings, can i contact association Auditor to clarify my points
please help me Experts.
thanks
Isaac Gabriel
(Expert) 02 September 2020
First let your points be discussed in the Generalbody, and if not feasible make an appeal tot he Registrar.
Dr J C Vashista
(Expert) 02 September 2020
Since your son is the member of association, what is your locus standi ?
How you became founding member of the association without being a member ?
elango.parameswaran
(Querist) 02 September 2020
Dear Vashistaji.....there is a clause in the Byelaw ,parents/spouses can become office bearer on behalf of legal owner. in my case, my son has authorized me to represent him in all matters relating f Apartment Association.
Rajendra K Goyal
(Expert) 02 September 2020
Inquire from the present team whether whose permission the trees were chopped? You can inform the concerned authority for illegal chopping of the trees.
Send RTI to Registrar of Societies regarding information sought by you. Registrar would call the information from the society
.
You can proceed and plan your strategy in accordance of information received.
P. Venu
(Expert) 02 September 2020
May be there are issues, but the facts posted suggest that your approach is less than reasonable and haphazard.
elango.parameswaran
(Querist) 10 June 2022
Mr.Venu... I just saw your reply (which is more unwarranted)just now. It seems that you half baked my query. A complete misconceived reply. Better you dont comment in this forum.
