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Kimmig (BDM)     04 January 2017

Appointment of administrator in chs

Hi

Request your help. A brief background is given below

  1. Our society has 120+ members and was formed in 1970
  2. Undergone redevelopment in 2009 and building was handed over in 2012. We are new members of this building.
  3. From 2012, affairs of society were managed by Chairman and Secretary who bullied everyone including new members
  4. No other MC members were there, no MC / GB meetings were held, complete dadagiri.
  5. Contracts were given without tendering, builder was given a free hand to do illegal construction, Refuge area was encroached upon etc.
  6. New members (who had paid through their nose to buy flats) were sick and tied of these hooligans and forced them to call AGM in July 2014 with an agenda item to elect MC.
  7. Accordingly, new MC was selected amongst those present and took office in July 2014.
  8. New MC started unravelling all the dirty work of old MC especially encroachment of Refuge area by ex-Secretary.
  9. In connivance with ex-Secretary, the Builder had also sold parking areas to unsuspecting buyers as commercial unit.
  10. Lawyer opinion was sought and MC was advised even though their units were not in accordance with MCGM plans, we can make them members provided they give indemnity bond and clear dues.
  11. These buyers refused to give indemnity bond and pay society maintenance and property tax due.
  12. Such disgruntled parties were collected by ex-Secretary and complained to Dy Registrar.
  13. Dy Registrar acted uncharacteristically swiftly and within 8 days took out order for inspection.
  14. Inspection was carried out promptly.
  15. Now, Dy Registrar has put administrator on building saying that the MC was not elected according to the 97th Amendment to the MCS Act.
  16. Please note, copy of inspection report was not shared with us. Nor has Dy Registrar referenced a detailed response sent by society. Nor had Dy Registrar given us a hearing.
  17. We feel builder is behind all this as all his misdeeds were coming out.
  18. Though MCS 97th Amendment was announced on Feb 14 2013, the notification for the 97th Amendment to the MCS Act came only in Sep 2014 and the committee had already taken office in July 2014. The notification called for conducting elections for all societies which were due in the last two years by June 30. Erstwhile committee was more than 8 years old at that time.
  19. We have appealed against the order to the Divisional Joint Registrar.
  20. Need guidance on what could be the line of further action / argument in such a case.


Learning

 1 Replies

VIJAY G.GANGAN   04 January 2017

Dy Registrar having rights to appoint the Administrator if during inspection found violation of staturory compliance by the society.

You already appeal against the order to Joint Registrar, then you have to follow with appeal result to receive justice.

 


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