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Shiva Vashisht (Interior Designer)     24 November 2011

Co-op society problem

Hello Admin

I had bought a flat in a CHS in Mumbai. The committe members had earlier given me membership but later denied me membership on certain grounds that are irrelevant. Their main motive is to harass me. I had approached the Deputy Registrar of co-op societies and he agrees that i am not at fault.

You are kindly requested to guide me as the Registrar has asked me to file an Appeal under section 22(2) of the CHS bye-law book.

It would be kind of you help me with the format of the same.

Thanking you in anticipation,


Regards,

Shiva



Learning

 3 Replies

ABHIJEET PARIKH (Bcom LLB MBA)     24 November 2011

Did u fulfill and complied will all the transfer procedure ?

what are the grounds of rejection of ur membership ?

Plz elaborate 'earlier given me membership but later denied me membership on certain grounds that are irrelevant'

Regards

Shiva Vashisht (Interior Designer)     24 November 2011

Sir,

I am mentioning the details in short. Kindly go through the dates

Jan 2002: Previous owner bought the flat as second buyer. Recieved NOC from the then Secretary.

May 2010: His name was written on the share certificate. Previous secretary and later the new secretary had not considered him a member even though he had completed all his formalities to harass him. Was given NOC to sell the flat.

Aug 2010: My name was written on the share certificate (as third buyer) and the maintenance bills started coming in my name.

I made a complaint regarding leakage in my flat as the flat was not in a livable condition. I had known this problem but i requested them in general to look into the matter.

I do not know what caused them to take such an action, they sent me a lawyers notice stating my membership is cancelled. The maintenace bills started coming in the previous owner's bills after 5 months. The lawyers fees (Rs.12,500) was also demanded by them from me. The notice was sent to without prior intimation from the committee that they are cancelling my membership.

I have not stopped the payment of maintenance and do that on time.

It was mentioned in the notice that after 1 year they would consider making me a member.

As per Bye-Laws,

They cannot charge me the fees as i have not done anything wrong.

They should have sent me a letter from the society stating the shortcomings of the previous secretary.

They had accepted my transfer fees in July 2010.

Even now they are not addressing my problems

On approaching the Deputy Registrar several times and writing to him quite often he has asked me to Appeal under Section 22(2) of CHS Act book.

I need help to be able to draft it and do the needful.

Rgds

 

Sandeep Naik (Advocate)     10 March 2012

THERE IS NO PROVISION IN ACT OR BYE -LAWS TO REVERT BACK THE MEMBERSHIP ONCE IT IS GRANTED . UR A MEMBER OF THE SOCIETY AND FOLLOW THE GUIDELINES OF THE REGISTRAR. UPON RECEIVING UR APPLICATION HE WILL SEND NOTICE TO THE SECRETARY/CHAIRMAN AND IF THE SAME IS FOLLOWED BY THE CHAIRMAN OR SECRETARY THEN UR MEMBERSHIP WILL BE CONFIRMED..

IN FACT THERE IS NO NEED TO DO THE SAME. U MAY STRAIGHT WAY FILE COMPLAINT U/S91 OF THE MCHS ACT 1960 FOR CONFIRMING UR MEMBERSHIP

 

Adv. Sandeep Naik(Advocate - Mumbai High court)

Mob: 9967056980 

Email : Sandystorm_1995@rediffmail.com


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