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Veerendra   21 November 2019

Are mc members responsible for mistakes of office bearers ?

Dear All Eminent Lawyers,

I want to know whether the Managing Committee Members can be held responsible for the wrong doings of the Secretary.

Here is the brief history;  I was served a notice for recovery of dues under Section 101 of Maharashtra Co-operative Society Act in 2007.  However, I contested the notice and I pointed out that the society was charging me very high maintenance bills.Society office bearers realised their mistake and did not do anything. They just kept quiet.

In August 2019, I was again served the same notice under Section 101 of Maharashtra Co-operative Society Act.  I replied back through my lawyer and till date I have not been asked to appear before the Sub Registrar.

The problem is that the society is charging me higher maintenance than others. Most probably the Secretary and the Chairman have acted without the permission of the managing committee members. In fact most probably there is no managing committee resolution which clears legal action under Section 101 of Maharashtra Co-operative Society Act against me.

Now my queries are:

1.   How can I ask for the Minutes of the Managing Committee meeting?

2.   Can I initiate legal action against the Managing Committee Members?

3.   Can I initiate legal action against the office bearers?

4.   Can I write a letter to the individual managing committee members, asking them if they were party  to the resolution to initiate legal action against me.

5.   If there is no Managing Committee Resolution, how do I initiate legal action against the  office bearers for mental harassment and extortion.

Hope to see a lot of response and many thanks in advance for the same.

Yours Sincerely,

Veerendra Darakh            



Learning

 4 Replies

Sb Karma   21 November 2019

please go through following...

  1. by writing a simple application with saying (if then don't reply you need to knock the door of law for help) with  demand of meeting minutes as you are also a residence of society,so you too a member of society.
  2. wait for their reply if not then make same question via lawyer.
  3. not need legal action directly,but you can question them too via application that ,may be there some typing error on bill from office side,ask them for reply.
  4. yes
  5. with the help of local lawyer,because he will know the best because he is from local and will know all facts clearly than us(onlin)

 

Hope it will help you

1 Like

Real Soul.... (LEGAL)     21 November 2019

Just wait for the reply of Notice and if they failed to reply the notice then you need to file an application before the registrar of sccieties ,

Real Soul.... (LEGAL)     21 November 2019

Just wait for the reply of Notice and if they failed to reply the notice then you need to file an application before the registrar of sccieties  and settle this issue once for all,

Real Soul.... (LEGAL)     21 November 2019

*societies 


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