Re:- Harassment and Nuisance created regularly since last more than 2 years by Mr Jaswant from FLAT NO. A- 004 , Premnagar No. 5,Co-op Hsg Society Ltd,
Off S.V.P. Road, Borivali(West),Mumbai-400092 by carrying on Commercial Activities at Residential Area.
REGN NUMBER : BOM/WR/HSG/TC/4227 OF 1988-89
I Kashyap Vyas the members of Premnagar Bldg. No.5 Cooperative Housing society hereby desire to stop any kind of Commercial Activities from our Residential premises with immediate effect. The owner of Flat No. A-004 Mr Jaswant is conducting business under name & style Jaswant & Company infact from 2005/06 ; almost since last 4 years. Initially we had no problem as business activities were relatively on smaller scale or say limited so it was not objected. But now business is being carried out in full swing from the above named residential premises. I stay at Flat no. A-003 had been verbally protesting for horrible Nuisance and Irritation since last 2 years ; had been lodging oral complaints to Secretary Mr Nitin, Mr Rajni Gandhi a senior Member of Society ( not committee member) and Mr Jaswant owner of Flat no.A-004 but Nuisance is continued as a usual schedule.
Even I had given 2 complaint letter to The Secretary & Managing Committee on 13/06/2009 and 16/06/2009 .But to our surprise no action is taken by The Secretary & The Managing Committee even though being vested with full power , authorities by members of Society. (The members of co-op housing society). The contents of letters is reproduced below for your reference ;
“My family is undergoing very awful and nasty situation since last more than 2 years due to full-blown and total business activities being conducted by owner Mr Jasubhai from Residential Premises at Flat no. A- 004.
I hope the Managing Committee would give very …….straightforward And ……..transparent Reply to my following questions :-
v Can any Member conduct business activities from Residential Premises causing Nuisance , Annoyance to other Members without taking permission from Local Authority or Society Authority ?
v Has Mr Jasubhai has been authorized by Society and Local Authority ? If authorized please show me any such consent letter. ?
v Even if any such permission is granted or obtained ( by illegal route) at Residential Premises the same can be treated as annulled Ab - Initio ( Invalid from beginning) on objection or protest expressed by any just A Single Member of Society. I want very expert and honest view of Managing Committee & all Office Bearers on this issue ?
v Under circumstances if business is conducted unlawfully and illegally why Society Authorities does not compell to stop such commercial activities ?
v Last question to all members of Managing Committee And Members of Society ; will you allow any such problem creating activities nearby your Place of Residence ? Please give me specific reply YES OR NO ?
I request you to please stop commercial activity at above named flat no A-004. It is causing lot of disturbance to my family since last 2 years. Daily at odd Hours whether morning---afternoon --night or late night some kind of activities is always on ; daily people in large numbers are visiting the premises causing horrible disturbance. Large numbers of strange people are always there to have close look into my Drawing Room. Why we live at Residential Regd Co-Op Hsg Society ? We want some kind of law & order ; we want comfortable life.The office gate is always being shut down and opened very vibrantly making very ……very horrible & shocking sound at any time whether Early morning upto ……….late night.
I hope you would take appropriate step in the matter. With regards , Kashyap Vyas”
After taking into account above letters and problems Faced by me and my family I strictly want closure of any kind of Business Activities by Mr Jaswant with immediate effect.
As per the societies bye laws, residential complex cannot be used for commercial purpose. Unless there has been a resolution passed on to that by the Members at General Body Meeting. Ask for the copy of society bye law booklet and look it up...!
It’s not new that residential units on ground floor are converted into shops. Before jumping to any conclusion, it is important that we must find out whether such shops/offices are legally permissible in a building / area, see building plan.One has to find out whether the members have taken the legal permission of the Municipal Corporation for the change of user (residential to commercial). It is the civic body that determines whether shops can be permitted in your building by law and with reference to original Building Plan.It also indicates that our Society byelaws do not allow / authorise shops without permission / resolution strictly by us(The Members of Society not by Managing Committee ) at General Body Meeting.. So, it’s a little strange that in the absence of any authorization / permission from the General Body, this important decision of change of user has taken place. As far as cooperative laws are concerned, this is a case of gross violation, as no permission was taken before the change of user. Even any permission given later has no meaning, and no effect to cure the past actions that are unfair and unreasonable in law. In other words, the point to note is that for change of user of premises from residential to commercial, one needs the ‘prior permission’ of the Members of Society( Not Managing Committee) and local civic body, and both are mandatory and cannot be sought later. In fact, both these are necessary, and either of the two permissions cannot suffice in the case of change of user. Thus our position of understanding is correct, as far as the issue of permission of Society is concerned. If the permission of the Corporation is not taken for change of user by the members then it becomes a fit case to approach the cooperative court for relief. Change of user constitute a violation of the Development Control (DC) regulations, where the civic body can take necessary actions against such members.
I hope above points should be more than sufficient to take immediate and emergency action by all the authorities to whom copy of this letter is sent either by Courier or Fax or both.
Further I was surprised and shocked by very casual and negligent statement made
by one of Responsible Committee Member Mr Jagwani in the presence of Secretary Nitin Parmani , Senior ordinary member Mr Rajni Gandhi , Mr Jaswant ,My Self during meeting held on Saturday in the last week of June,2009. Even wife of Secretary was also present at the meeting. Please read the statement given below :-
v You keep your door closed. ( Mr Jagwani was teaching me to keep my main door closed)
v Any member is free to do any activity inside the home why should we interfere.
v Mr Jagwani was just casually telling Mr Jaswant(erring member) “ you will defend any notice served by society. ( He was talking in Hindi “ Aapko notice milega to Aap to Bachaloge)
I was surprised by such irresponsible statements by Mr Jagwani. Further Mr Rajni Gandhi and Nitin Parmani just kept quiet indicating willingness and desire to support umauthorised commercial activities by Mr Jaswant.
Now it is interesting to watch how Mr Jaswant is defending himself against my legal Notice further how and under which ground Managing Committee Members would be able to defend themselves against charges leveled against them. I have very BIG Question Mark for Mr Jagwani ?
I have one more point which is going against so called very ……very responsible committee members with regard to demolishing some( very small) portion of illegal construction done by Flat no. B/007 , Name of Member Mr
Bhupendra. The key point needs to be considered is if Committee Members are not taking any legal action against Mr Jaswant then how can they demolish illegal structure of Flat No. B/007. Simply because the member is poor and
Helpless. ? I want very clear and transparent reply ; I am not requesting
Managing Committee since it is my legitimate right to have information.
Please read following Amendment notice circulated to all the societies and
Published in the leading News Papers all over Maharshtra.
K Ram Kumar / Mumbai April 12, 2002
In a move that will have far-reaching implications for societies established under the Maharashtra Co-operative Societies (MCS) Act, 1960, the state government has notified that all elected members of the managing committee of societies are required to execute a bond holding them “jointly and severally” responsible for all the decisions the committee takes.
Called the MCS (Amendment) Rules, 2002, the new rules are applicable to co-operative banks, co-operative federations and co-operative housing societies, among others. A new form, M-20, has been inserted whereby elected members of managing committees have to declare they are jointly and severally responsible for all the acts and omissions detrimental to the interests of the society.
“Lack of professionalism, transparency, insider/connected borrowing and political interference are the bane of co-operative banks. This has taken a toll on their financial health. The new measure will deter managing committee members from taking arbitrary decisions,” said a senior co-operative banker.
According to another co-operative banker, the new rules could prove to be the proverbial double-edged sword. "It is like a pro-note, which makes each member personally liable. For example, even if a loan decision is taken on merits, an error of judgement cannot be ruled out. So under the new rules, if an advance which was extended during the tenure of a member goes bad, he will be liable for it even if he ceases to be a member of the managing committee," he explained.
Residents of co-operative housing societies, who normally are reluctant to take up the honorary responsibility of looking after the affairs of the society, are expected not to join managing committees.
According to the new rules, every elected member of the managing committee of a society shall execute a bond on a stamp paper, as provided under the
Yes it is mandatory for the Committee members of a Society to execute a bond [Form M-20] within 15 days of assuming office, as provided by Sec.73[ab] of the Maharashtra Cooperative Societies Act 1960 r/w. Rule 58A of the MCS Rules, 1961. The bond must be made as per the format of Form M-20 on Rs 100 stamp paper purchased in the Society's name. The bonds will remain on the Society's records but copies must be lodged at the office of the concerned Dy. Registrar.
Failure to comply with the above renders the Committee member[s] statutorily disqualified.
I want compensation of Minimum Indian Rupees 1,50,000/- from The
Premnagar 5 Co-op Hsg Society Ltd for not taking quick action and providing full support to Mr Jaswant since last 4 years. This is a very serious
Offence. My family life is fully disturbed ; my business is affected very adversely because of the continued nuisance. Please read reason why I claim
Compensation & Damage of Rs 1,50,000/- .
Can a member approach consumer forum for redressing his grievance?
Yes. Housing is covered under the term “service” in the Consumer Protection Act,
1986 (the CPA 1986). Therefore the services rendered to the members by the
housing society falls within the purview of the CPA 1986. Further, the provisions
of the CPA 1986 are in addition to and not in derogation of any provisions
contained in any other Act This means that the provisions of the CPA are
additional remedial avenues provided to the consumers by the Parliament of India.
In view of the above, any dispute with a housing society by any member with
respect to rendering any services such as allotment of house, possession of house,
rendering maintenance services in relation to housing complex etc are covered by
the CPA 1986 and a member can approach the Consumer Forums for claiming
compensation and damages against the housing society for rendering deficient
services. The Supreme Court has held in the case of Secretary, Thirumurugan
cooperative Agricultural Credit Society v. M.Lalitha, (2004) 10 CLA-BL Supp that
a member can approach consumer forum as a consumer to redress his grievance
against a cooperative society. Housing society primarily being a cooperative
society this judgment is applicable to cooperative housing society also.
Apart from legal aspect please look at my profile link given above to know about my profession and financial profile for claiming damage of Rs 1,50,000/-(Rupees One Lac Fifty thousand )
I am private equity, Venture Fund professional from Mumbai.
With Venture Fund & Private Equity deal worth $500 million to $800 million.
Since last almost 3 Months I am not able to transact business properly due
to harassment & torture by commercial activities. I deal with highly professional corporates,Directors, Finance Professional at India & USA,UK, & other Europian Countries regularly. Such dealing requires complete peace of
mind and very healthy atmosphere. My business is badly affected by regular
and frequent harassment by carrying on business activities Mr Jaswant .
I show Copy of some emails to substantiate my above statement. Otherwise People like Mr Jagwani would tell it is all humbug & non-sense.
COPY OF EMAILS:- (From USA Located corporates for Venture Capital And Private Equity)
Great meeting you on line!
I am not sure whether the amount and type of investment we are looking for is a good fit for your business offering but let's take the first step and see where this may lead us.
Attached is our Executive Summary for $2.5 mn capital requirement. If you feel this is something you would like to pursue further please let me know so we can arrange to send you more information. In any event I would very much like to hear your thoughts and receive feedback. Thanks!
RE: $50M in funding required for Profitable Animated Film Company. Full Business Plan and Pre-screening of 4 films ready for distribution available
I have attached some additional information regarding the funding required for the Animated Film Group. You can also see other projects that we have that require funding by visiting the PROJECTS section of our website at www.lincolncorp.com . Please review and we can have a call to discuss at your convenience.
Lincoln Corporation Ltd.
(3)Hi Kashyap, I received your email and attached is much of the information you requested. In the spirit of full disclosure, we have great interest from several funding sources at the moment and may be getting commitments in the coming days. We look for $120 million. Thank you for your interest, please let me know if I can answer any questions.
"Faith does not grow in the house of certainty"
I spoke with my client today, and he informed me that you have a few suitors interested in 1720 Entertainment. I have brought several million to this client already, and I would welcome splitting my 4% commission with you (2% for me and 2% for you) on any monies you bring to 1720 Entertainment. All funds (commissions) will be paid by my client at closing (via wire transfer). Is this arrangement acceptable to you?
EKUMENE M. LYSONGE, ESQ.
T: (317) 250-3613
F: (866) 722-0034
I hope the above specimen of Venture Deal transactions would indicate very
Clearly how much damage is done to my business due to commercial activities by Mr Jaswant with full support from Committee Members.
It is indeed pity that I have to deal with such a Uncivilized, Uneducated, Unorganised class of people who do not understand what is Human Value,Social
Value, Family Value . Such people do not have manners, standard social behaviour,
Courtesy,civility . They have just their own selfishness in centre. Please read my
Comments for the so called practical people.
Most Indian people get away with criminal mind sets, on the pretext of being practical. What all goes on in these practical minds is just psychopathic criminal nonsense. Just to avoid being good and leading a life of values and morals, these practical losers will stoop to any level to get what they want.
Indians always put being practical before being moral and will necessarily be immoral in the guise of being practical. It’s a pity that they trap themselves into evil misdoings like that. But even after education and experience, most Indians don’t let go off this obnoxious habit.
It’s the practical Indian who will cheat, lie, steal, even backstab his fiends and colleagues. I am a kind of idealist and realist and this kind of practical nonsense doesn’t go down well in my sensibilities.
I have friends who claim to be practical, just so that they get approval of their criminal activities. I have relatives who will do just about anything in the guise of practicality. Being practical is an easy way out to get the license to be licentious.
Many people break relationships, have illegitimate relationships, indulge in all kinds of taboo activities, all the time proclaiming that they are being practical. They will lead dubious lives, bring tension to the household, harass and instigate other people who might be better than them and say that they are being practical.
It is perhaps this mindset that foreigners are targeting in the West and unless Indians change their pathetic behaviour, they will mercilessly be hunted down like they have been in the past.
A) Immediate Closure of commercial activites completely by Mr Jaswant.
B) Expulsion of Mr Jaswant as a Member of Society with retrospective
Effect from 2005 the actual date of purchase of property. Please read the
Legal grounds & circumstances for the expulsion given below :-
“Expulsion of members. :-
Any member of a co-operative society may be expelled by a resolution passed by the committee of the co-operative society subject to the approval of such resolution by the Registrar if :
(i) the member has wilfully deceived the co-operative society by false document to obtain the membership of such co-operative society; or
(ii) the member incurs any of the disqualifications for being a member of the co-operative society; or
(iii) the member has brought disrepute to the co-operative society or has done any other act detrimental to the interest and proper working of the co-operative society:
Mr Jaswant has been willfully acting against interests of society and members regularly and persistently since last 3 years (approximately) inspite of complaints lodged verbally by me ; by using Residential Flat For Commercial purposes from the very first day some-where in NOVEMBER ,DECEMBER , 2005. Eventhough he had signed affidavit to use property for Residential Use only as a integral part of Sales agreement for residential flat purchased at the society.
C) I Want compensation of Minimum Rs 1,50,000/- with all incidental cost and
Reimbursement of expenses for filing complaints against society,Committee
Members and Mr Jaswant ( the erring member) including legal fees,advocate
Fees , any stamping and franking charges and conveyance …….and all expenses
Not included above from The Prem Nagar No. 5 Co-op Hsg Society Ltd.
COPIES SENT TO FOLLOWING AUTHORITIES :-
(1)Mumbai Suburban District Consumer Disputes Redressal Forum
New Administrative Building, 3rd floor,Near Chetna College, Opposite Dr. Ambedkar Garden ,Government Colony , Bandra, Mumbai 400051 Telephone: 26551625
(2)THE BOARD OF DIRECTORS ,THE MUMBAI DISTRICTCO-OPERATIVE HOUSINGFEDERATION LIMITED , Vikas Premises, 1st Floor, Nyayamurty G.N.Vaidya Marg,Mumbai - 400 001. Tel.No.2266 1043,2266 0068.
(3)MR Badhan, , ADDL Registrar(Budget & Planning),Office of The Commissioner for Co-operation & Registrar of Co-Op Housing Society , Maharashtra State, AT PUNE, Central Building ,Station Road , Pune - 411001.
Telephone:- 020-26129572 ; 26122846 ; 26122847 FAX:- 020-26133082
(4)Notice To The Secretary And Managing Committee
Prem Nagar Bldg No.5, Co-op Hsg Soc Ltd,Borivali(West),Mum-92.
(5)The Chief Commissioner Of Mumbai Municipality ( with A request to know what action was taken against my online Complaint Number 0720594023 dated 19-06-2009 at 2.00 Noon against Mr Jaswant Carrying on Commercial Activities from Flat no. A-004 , Premnagar No.5 Society,Borivali(West),Mum-92.)
Municipal Corporation of Greater Mumbai,
Head Quarter, Mumbai C.S.T. 400001.
(6)The Respected Chief Minister of Maharshtra
Mr Ashok Shankarrao Chawan
Chief Minister Secretariat, 6 th Floor , Mantralaya,
PHONE NUMBERS: 022-22025151 ; 022-22025222
FAX NO: 022- 22029214
(7)Mr Rakesh Maria , Joint Commissioner Crime Branch,
Police Comm. Office, Crawford Market,Mumbai-400001.
Tele:- 022-22620406 ; 22620111 ; 22641261 ;
(8)Copy to ALL Leading Newpapers & Media .