Mc not holding sgm nor giving any financial records

Murtaza Tarwadi (Querist) 22 January 2021 This query is : Resolved
Dear Sir /Ma'am,
seek your help in getting my housing society to make disclosure about their accounts... they're doing lot of bungling in finances of our society and it is having highest maintenance amount in our locality. Even an internal audit committee(IAC) was formed in the AGM and they made findings of improper vendor payments. The MC gave irresponsible explanation since 2019. The matter is pending with IAC team not even getting basic access to financial records of the society and no MC members speaks anything on chats, or personal meetings...even 10-12 people went to ask them to resign in December 2020 but they flatly refused by giving a threat of Administrator from Co-operative registrar.

The current MC is not making disclosure any financial records of the society....Please help me draft an RTI application to make them disclosure all mandatory financial documents that MC need to maintain for affixing criminal liability on the MC for embezzlement of society funds etc.

Second issue about STP accident in our society in 2019 and the MC members were arrested for causing 3 deaths of labourers. They settled the matter with police and now after 2 years the municipal assembly passed a resolution to compensate 3 contractor's workers who died in cleaning the sewage treatment plant of rs. 30 lacs. Our society members have to bear higher property tax to provide for compensation that is going to be paid by TMC to these workers...it was utter negligence of MC members to employ third grade contractor to cause this accident....The contractor is nowhere in the picture no society members know anything how this whole matter was handled to this situation today.

there are other major issues like conveyance process, sealed club house and one gate being barricaded by neighbouring society to plug our access to main ghodbunder road highway which are deeply messy.

I seek your legal aid in making the MC members accountable & personally liable for the losses caused to the society in the STP case, embezzlement of society funds in conveyance issue of 3.5 lacs paid to lawyer for no movement and many other vendor payments that were issued twice alongwith very high cash withdrawal from society account according to the findings of the IAC. Please help us in drafting a potent letter for calling an SGM ASAP and give knowledge of MC liabilities and records that they ought to maintain but I am sure they don;t do it...we've to file criminal cases and block their transfer of flats till they resolve the issues with the society.

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Quick Summary

Residents are struggling to obtain financial records from their housing society's Managing Committee (MC), who are allegedly involved in financial bungling and improper vendor payments. Despite an internal audit committee's findings, the MC has provided irresponsible explanations and denied basic access to records. Furthermore, a past STP accident resulted in fatalities, and the society now faces a significant compensation payout due to alleged MC negligence. Residents are seeking legal assistance to draft an RTI application, call for a Special General Meeting (SGM), and hold MC members personally liable for embezzlement and losses, aiming to prevent the appointment of an administrator.

P. Venu (Expert) 26 January 2021
The facts as well the issues posted are too complex to suggest any meaningful suggestion. The only option is in seeking professional assistance.

Murtaza Tarwadi (Querist) 27 January 2021
Thanks sir,
1. we'd be obliged if you can give a reference to the lawyer who can advise on the registrar office at Thane. We don't want a situation of Administrator being appointed at our society...although the elections are overdue..due to pandemic we are in a bad situation.
2. Please help us give a list of documents that we can obtain via RTI that the MC is suppose to maintain and what legal provision are provided in case MC fails in their duty and causes losses to society particularly death of laborers.

P. Venu (Expert) 28 January 2021
You may search LCI database.

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