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Thirumalai Dasan K   21 June 2017

Builder and un registered assn against the law

Dear Sirs / Madam, To a RTI reply vide ref 2400/E2/2017 dated ---3-2017, signed on 17-3-2017, The PIO, District Registrar office, Chennai-600015 stated that the association, KG Signature City Owners Maintenance Association (Regn: 534 / 2013) has not submitted any returns since 2013-14. And also Registrar office vide letter ref 981 / E2 / 2017 dated 27-4-2017 communicated that the associations KG Signature City Owners Welfare Association (Regn: 437 / 2013) and association KG Signature City Owners Maintenance Association (Regn: 534 / 2013) are defunct and would be dissolved as per Tamil Nadu Society Registration Act , 1975 and section 44. To a RTI reply vide ref 2400/E2/2017 dated ---3-2017, signed on 17-3-2017, The PIO, District Registrar office, Chennai-600015 stated that the association, KG Signature City Residential Social Welfare Association (Regn: 165 / 2015) has submitted returns for the period 2014-15 and 2015-16 recently by President and under scrutiny. To complaint against unilateral decision of the president for submission of without any meeting of other office bearers, Registrar office vide letter ref 981 / E2 / 2017 dated 27-4-2017, observed that the association , KG Signature City Residential Social Welfare Association (Regn: 165 / 2015) is submitted false and fabricated documents and show caused, why the association should not be dissolved. There are lot of pending issues related to Car Park, STP, UDS etc etc. Now the builder claims they had handed over to one association KGSC ORA, in Aug 2016; Which is yet to be registered as on date; What are all legal actions can be initiated against the builder, the persons who took charge etc Thanking you


Learning

 2 Replies

Thirumalai Dasan K   22 June 2017

Thanks for your response. How can I interact with you further, please

Thirumalai Dasan K   26 June 2017

Dear Sir,

The complaint lodged with Registrar of Co-op societies and RTI filed with Law Commision are reproduced here for your review and advise please.

Thanks & Regards

Thirumalai Dasan K

 

 

Sub: Order of Enquiry and deregister Residents Association- Regards

Ref: KGSC Residential Social Welfare Association ( Regn No.165/2015)
KG Signature City Residents Owners Association ( Not registered yet )
KG Signature City Owners Maintenance Association (534/2013)

I would like to bring to your kind notice that we Residents purchased and many of the owners moved into apartment complex KG Signature City, built by KG Foundation P Ltd, having office at # 5, Bishop Wallers Avenue ( East), Mylapore, Chennai 600004. 

Completion certificate received for Blocks D C B & A in Nov 2014 and Mar 2015.

They formed KG Signature City Owners Maintenance Association ( Regn No. 534/2013) as per builder agreement but has not submitted any annual returns or any other documents, not included owners as members, no AGM conducted, not all the works completed in full but sent maintenance charges notices to owners, calculated on saleable or super built up area NOT ON UDS and prorate basis as per Tamil Nadu apartment ownership act 1994.

Even though they collected one year advance maintenance charges from owners at the time of booking itself, the builder sent maintenance charges notice and insisted to pay in favor of builder, KG Foundation P Ltd and some owners paid.


Then KG Signature City Residential Social Welfare Association ( Regn: 165/2015) was formed, the association conducted a AGM on 13-9-2015. The meeting was attended by Residents/Owners of KG Signature City apartment complex, who were not included in the list of members of KGSC Residential Social Welfare Association nor updated yet.
The builder did not recognize this Association &  there was a meeting of Residents of KGSC , KG Signature City Owners Maintenance Association, KG Signature City Residential Social Welfare Association on 3-1-2016. After that no association meeting conducted by or on behalf of KG Signature City Residential Social Welfare Association ( Regn No. 165/2015).

Again in April 2016, builder introduced one more Association in the name of KGSCORA ( KG Signature City Residents Owners Association) and yet to be registered. But the builder transferred some portion of corpus collected from owners, and so called Association members and builder together took custody of building inventories, converted portion of club house and common area facility into commercial space and other use, Obviously against Tamil Nadu apartment ownership act 1994.
This Association also collecting maintenance charges in the name of unregistered association and threatening disconnection of electricity etc ...

The KGSCORA, incidentally the erstwhile president of KGSC Residential Social Welfare Association, was handpicked by builder as president of KGSCORA, KGSCORA is trying to amolgamate with KGSCRSWA, without any resolution, agreement between members of KGSC Residential Social Welfare Association ( Regn No. 165/2015) and which was dissolved, only to transfer money from KGSCORA ( unregistered) bank account.

Being the case, I came to know from RTI reply that the erstwhile president submitted annual returns for the period of 2014-15& 2015-16 recently and it's under scrutiny.

None of erstwhile other members / office bearers attended or signed or authorized anyone, including it's president to carry on business.

Annual returns were not signed or unaware including treasurer,  Secretary of KGSCRSWA.


Request your good selves to bar 
1)renew the same or dissolution of this registered association or 
amolgamation of this Association-KGSCRSWA​ ( Regn No.165/2015) with any other registered or unregistered association in the prevailing situation. 
2)
g) this Association is made to take charge of incomplete building inventory, this Association should not be allowed do so without adding all owners as members of Association, Resolution passed in Annual General Body meeting in accordance with Registered bye laws.

Thanking you

Thirumalai Dasan K

 

Date : 12-6-2017

K.Thirumalai Dasan K

Flat D 15-14, KG Signature City, 200 Ft Maduravoyal Bypass,

Mogappair, Chennai 600 095

To,

The Public Information Officer

Under Secretary to Government

Law Department,Secretariat, Chennai-600 009

*******

Dear Sir,

Sub: Request information under RTI act 2005 – regarding

There was a Original suit No: OS 520 / 2015 filed by K G Signature City Owners Maintenance Association Regn : 534 / 2013 ) represented by its Secretary against me, 8 others office bearers of K G Signature City Residents Social Welfare Association and KG Signature City Residential Social Welfare Association (Regn : 165 /2015).

To a RTI reply vide ref 2400/E2/2017 dated ---3-2017, signed on 17-3-2017, The PIO, District Registrar office, Chennai-600015 stated that the association, KG Signature City Owners Maintenance Association (Regn: 534 / 2013) has not submitted any returns since 2013-14.

And also Registrar office vide letter ref 981 / E2 / 2017 dated 27-4-2017 communicated that the associations KG Signature City Owners Welfare Association (Regn: 437 / 2013) and association KG Signature City Owners Maintenance Association (Regn: 534 / 2013) are defunct and would be dissolved as per Tamil Nadu Society Registration Act , 1975 and section 44.

To a RTI reply vide ref 2400/E2/2017 dated ---3-2017, signed on 17-3-2017, The PIO, District Registrar office, Chennai-600015 stated that the association, KG Signature City Residential Social Welfare Association (Regn: 165 / 2015) has submitted returns for the period 2014-15 and 2015-16 recently by President and under scrutiny.

To complaint against unilateral decision of the president for submission of without any meeting of other office bearers, Registrar office vide letter ref 981 / E2 / 2017 dated 27-4-2017, observed that the association , KG Signature City Residential Social Welfare Association (Regn: 165 / 2015) is submitted false and fabricated documents and show caused, why the association should not be dissolved.

 

 

I would like to have the following information.

  1. If the association KG Signature City Owners Maintenance Association (Regn: 534 / 2013) is dissolved, who will be authorized to represent the case.
  2.  If the association KG Signature City Residential Social Welfare Association (Regn: 165 / 2015), who will be authorized to represent the case.
  3. Have the court received any affidavit from association KG Signature City Owners Maintenance Association (Regn: 534 / 2013) and KG Signature City Residential Social Welfare Association (Regn: 165 / 2015), in this effect.
  4. If Yes, I would like to have the copies of the same

 

Thanking you,

 

Thirumalai Dasan K

 

 

 


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