Unregistered society in kolkata- dictatorship rules

The president or the secretary of an unregistered society cannot act against the interest of the members of the society.

You can issue a legal notice to the secretary to refrain himself from indulging in such illegal activities to prevent the vendors from making door delivery of the items ordered online, or to make arrangemnet for collecting the items from the vendors at the gate and deliver the same through their own source at free of cost.

If they do not listen to your requests or do not comply with the conditions of the legal notice you may better file a suit for permanent injunction against the MC members of the  unregistered society to restrain them from interfering in your possession and enjoyment of your property in the apartment complex without any rights or interest because there is no bylaws nor any authority to authoise the said MC members to act on behalf of the members of the society/apartment comlex for whatever the reason, besides ther are not a recognised body or entity to take over the admninistration of the complex 

Thank you for the clarity Sir.

Please guide us who is the governing body for unregistered society in kolkata and under which act or law we can raise questions to provide all details of expenses as we have been paying maintenance from past 6 yrs and no accounts are disclosed from past 3-4 years.

You should apply to registrar of society for conducting elections and registration thereof. YOu are 114 members you can just togather you can make any decision, You must not make even contributions or payments towards soiety funds until registration of society and electing a body

Thanks for reply Sir. However would still request to confirm which ACT or LAW empowers resident to ask questions related to expenses done from common fund and also raise issues to governing body.

The Cooperative Department and Directorate both are dead in the state of West Bengal. 

Truly appreciate genuine response Sir.

Is there any way we can bind them to provide solutions like filling RTI or approaching higher authorities in West Bengal flat owners association ?

Please guide.

There is no authority governing or controlling the unregistered society.

An unregistered society can neither be sued nor it can sue.

Hence you can file a suit for declaration to declare the unregistered society as null and void and also an application for mandatory injunction to  dismantle the society immediately because it is causing harm to all the members of the society due to its illegal activities. 

Thank you for your guidance Sir.This really means alot. I am grateful for your response.

If possible and if you are okay, I would be honoured to connect with you separately.

Thank you once again

Thank you for your appreciations.

If you want any personal contact with me you can send the message through the PM option of this forum

Yes, you may serve a legal notice and escalate the issue, if so required, through a civil action. In my considered view, there is no bar in suing the Society just because it is unregistered.

Thank you B Venu Sir for your views.

Hello T Kalaiselvan Sir I am unable to connect you via pm option. Raised issue with admin team @lawyersclubindia with error screenshot but no response/ resolution received yet

Ashish Singh(6290389214-whatsapp)

You have raised 2 questions. 1. Making use of Mygate app compulsory by residents of the building/premises.  2. The working of an unregistered society.

1. Use of Mygate app or any other thing cannot be made compulsory whether your Society is registered or not.

2. Has a society or an association with a constitution or byelaws with the residents as members been formed at all? Have you signed up yourself as a member?  If your answer is yes for the 2 questions you are bound to follow your responsibilities as per the byelaw or the constitution. Yours will be treated as an association of persons, who have voluntarily and willingly come together. If you have not signed, you need not follow. You cannot be compelled to sign up unless the Sociey/Association is formed under any of the laws of West Bengal.

From your first posting it appears that the building you are residing in has nearing nearing 114 flats but it is neither registered under the WBCS Act. anc Rules NOR under the WB Apartment Ownership Acts and Rules even. 

Further it seems that you are an owner of a flat and not tenant. Before purchasing a property you should have checked it. Not being registered is an offence. The game must have been played by the promoter/s. And it may be that the promoter/s AND the managing committee consist the same peoples. 

For redressal of your grievances you don't have any other option except to move to the court. If the problem persists to you only then all the legal expenses have to be borne by you (as an individual) and further the God also does not know that how much time it will take to get a verdict.

Staying in Kolkata and hiring an advocate from outside the city or state will ruine you. Hope you understand the situation. Not only this once you are in the grip you will be said by all that the verdict will be in your favour. You may visit the WB State Legal Aid Services (just adjacent to the Calcutta High Court ) for guidance which are less costly OR any competent Advocate dealing with civil issues.

Think on this in depth.

If what Mr. Prakash Bhattacharya says is true it is anarchy in West Bengal and Mamata Bannerji is going to stay forever. Sorry, you have no hope. Pray to God.