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Sanjay Sharma (Project Manager)     01 April 2010

Chairman is Misusing the Power

We the member of above co-operative housing society are facing some following irregularities by the present Mr Chairman of managing committee. We are feeling very much harassed and cheated hence request you to guide us how to dissolve the managing committee and take suitable action. We are 42 residential members and 13 commercial members.

Irregularities in the society current chairman (He was earlier secretary):
1.    Mr. Chairman, has kept the society in his hand for over 15 years. He is holding the post of either Secretary or Chairman for last over 15 years. At present he is chairman. He is using all types of illegal activities to keep either the post for his veteran interest.
2.    All the other committee members are just puppet in the hands of Mr. Chairman as he is retired person and all the times he is handling entire activities.
3.    Mr. Chairman is instrumental for the resigning almost all secretaries and other office bearers so far. Because of Mr. Chairman in the committee no other society members are ready to join in the committee.
4.    No respecting and listening to the female members of the society
5.    He assigned an Accountant, who is serving for last over 10 years. His accounts are never proper. He is supported by Mr. Chairman all the way. We are regularly making complaints against him but no action what so ever is taken by the society so far.
6.    Our fir fighting equipments are out of order for over last many years. They are not repaired and maintained at all.
7.    Trees are got cut as per the convenience.
8.    Terrace doors are never locked as they are useful to Mr. Chairman since he is having one flat at topfloor A Wing and another flat at second last floor in another B Wing. This is very big risk to the society. We have raised the issue to committee during the meeting but no action has taken yet.
9.    Lifts are not properly maintained, in spite of repeated reminders by our OTIS lift service engineer to take proper action before major accident.
10.    Two security persons are employed. They are regularly doing 12 hrs. On the weekly change they are doing 18 hrs duties which are against labour law. Both of them are quite old and not fit for work, which is violation of labour law.
11.    For the water supply the building was having 2 under ground tanks and two over head tanks with 3 pump sets. For over 12 months there is only one pump and other two pumps are not working. In the event of hazards like fire etc we do not have any support system.
12.    The water tanks are not cleaned regularly.
13.    It is understood that Mr. Chairman is doing all financial transactions without the notice and consent of other committee members.
14.    The records are not kept properly.
15.    The third new water line was sanctioned in AGM conducted last financial year 2008-1009 despite being opposition from some society members.
16.    Till date no third new connection is installed in spite of collecting 1000 rupees in four installments for four months in the society maintenance bill. No valid reason is given for the same.
17.    In spite of selecting and sanctioning for branded water pump installation in the meeting, Mr Chairman took decision single handedly and installed local pump without informing all committee member
18.    Using the signed cheque of resigned secretary without informing the concerned signatory person or any committee member. This is an absolute violation of law and come under fraud section.
19.    Bypassing the transaction from treasurer and not informing to any committee member.
20.     Mr Chairman had not till date properly transferred all the society related information to either the current secretary or treasurer. Not providing any information related to transaction to treasure and all committee members
21.    Society funds are not properly managed. It is done without the consent of treasurer, committee and society members.
22.    Complete monopoly over his style of working and not ready to take any one opinion.

We have no objection on other committee members. But the current managing committee is mismanaged by current chairman and is in no position to move out of the managing committee. Hence the entire functioning of the society is getting affected and it is creating an unnecessary pain and disharmony within the members of the society.

We want a following clarifications.
We want to dissolve the current committe. Few have taken initiative to make this happen.
1) What is the minimum number of signature should be present in the letter to process it to the registrar. We have 42 residential flats and 13 Commercials galas.
Out of 42 residential flats 12 flats are either rented or empty and 30 are staying with true ownership.
2) Do let me know the points which I have mentioned is a valid point of objection as per by-law. Also please mention point wise, under which sections in the law it has been violated.
3) There is hardly any documentary proof to support the above mentioned points. Let me know how we can tackle this issue.



Learning

 4 Replies

Kanaksinh P.Boda (Educationist/Lawyer)     01 April 2010

 Such a Secretary could manage to get elected as a Chairman of the CHS ? In spite of such a long period of tennure in his position the earlier Chairman did not act in this behalf ? The present Secretary should lodge a police complain of fraud for misusing old cheqes against the Chairman in first place and inform the Bank accordingly. An application to the Registrar may be made in this behalf, by the present Secretary and by  the general members, one third, for appointment of a Care Taker Committee.

1 Like

Daksh (Student)     01 April 2010

Dear Mr.Sanjay Sharma,

The affairs of a society are run according to its constitution and the remedy to your query lies in resorting to representation to Registrar of Societies for getting appointed an administrator to take charge of its day to day affairs and to probe the charge of wrongdoing by its erstwhile office bearers.

Best Regards

Daksh

1 Like

Sanjay Sharma (Project Manager)     01 April 2010

The fact is that no one wants to take the responsibility. The current chairman is misusing and taking to his advantage.

Let me know if is there any bye law saying that the chairman/secretary cannot be elected continuously over the period of time.

What kind of details one need to be transfered from the last secretary to current secratary.

Are there any possible way to kick such person out from the committee.

Sanjay Sharma (Project Manager)     01 April 2010

Also let me know who has more power, Chairman or Secretary ???

If secretary is having more power, then what is the role of Chairman?


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