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Shayan Khan (B.com)     06 July 2010

unauthorised activities by committee members of hsg sc.

hi,

in my housing society there are many unauthorised activities are done by the committee members. other members generally dont interfere but when i ask for something they simply dont answere and come in front as group. suggest me what can i do?



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 5 Replies

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     06 July 2010

ISSUE LEGAL NOTICE, IF THEY DO NOT CHANGE FILE A CASE IN CRIMINAL COURTS

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     07 July 2010

for Mr. Azim Khan,


1.  Tentatively, you may prefer to make a petition u/s 89A of the MCS Act (If you are from Maharashtra),  addressed to the Deputy Registrar (coop dept)  of your area/ward,  highlighting all the  "illegal and unauthorised" activities of the mg.committee members.
Affix a 100/- court fee stamp on such petition.


2.  On receipt of the above petition,  the deputy registrar,   would depute an officer to inspect all the "illegal & unauthorised"  activities, as highlighted in your petition.  In addition, the inspecting officer would also inspect all the records and registers that are mandatorily required to be maintained under the coop act.


3.  Based on such inspect report u/s 89a,  the deputy registrar SHOULD take suo-motto action on its own report.  IF it is against the mg.committee.     IF no action taken,  then obtain a certified copy of the inspection report and appeal further to the Divisional Registrar (senior to dy.registrar) for directions.


4.  If still no actions is taken,  appeal to coop. dept., Mantralaya of the State.  IF still no reply, file a WP in the High Court for directions (writ of mandamus).


5.  IF still not satisfied with the HC  orders,  THEN  sell off your house in the cooperative society  and buy your own plot of land and build your own house,  where you are the managing committee of your own house and can do anything you like.


6.  As Adv.Reddy, suggested above,  you may also prefer to file Criminal cases,  Consumer court cases and Cooperative court cases,  depending on the various parameters of "illegalities" that you perceive, in your society.

 

7.  OF course,  there are scores of other twisted ways, to handle the nefarious activities of the managing committees of housing socities.


Keep Smiling .... Hemant Agarwal
 

Shayan Khan (B.com)     07 July 2010

hi, i am very thankful to Mr. Hemant Agarwal who suggested such a good remedies.

thanks again.

Shayan Khan (B.com)     08 July 2010

thank you sir,

Uma parameswaran (lawyer)     08 July 2010

You can raise your problems at the time of meeting also.Present the matter in clear and detail manner through any elder members.


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