Humendra Gupta (consultant) 13 July 2014

Harassment by chairman and secretary coop society

Would like your help in taking Managing committee to cooperative court for following issues:

1) violation of byelaws in formation and functioning of society.
(Already Deputy registrar SRA has conducted audit and found various violation had initiated appointing administrator however still not enforced)
2) failure of them to adopt new model byelaws
3) violate the "Maharashtra Fire Prevention and Life Safety Measures Act, 2006", for multi-storeyed buildings. Fire department has issued 7 day notice to cease building if they do not comply.Daily human lives are at risk in the building still the Managing committee (4 MC members of a same family) are running the society in complete violation of byelaws, no records, no audit, no transparency.

4) Filing of frivolous case against me with regards to ownership even when I have legal registered sale deed from builder and am founder promoter member of society. Now they are harassing me by filing frivolous case and obstructing MSEB in connection of meter to my premises

Managing Committee misusing society funds in theses cases without having approval from General body.. they don't even conduct any elections.. they are misusing their position .. have vested interests including operations as real estate agents.

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3 Replies

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING) 13 July 2014

(1) violation of byelaws in formation and functioning of society.
(Already Deputy registrar SRA has conducted audit and found various violation had initiated appointing administrator however still not enforced)

Ans: There might administrative problem in Appointing immediate Administrator to go into irregularities by Committee. Hold on

2) failure of them to adopt new model byelaws

Ans: To adopt new byelaws need to approve in General Meeting. Get it approved and send same to Registrar for its approval.

3) violate the "Maharashtra Fire Prevention and Life Safety Measures Act, 2006", for multi-storeyed buildings. Fire department has issued 7 day notice to cease building if they do not comply.Daily human lives are at risk in the building still the Managing committee (4 MC members of a same family) are running the society in complete violation of byelaws, no records, no audit, no transparency.

Ans: Collect documentary evidence to take them to the task and and serve notice to the Society and report to Register and then file case.

Ans: Cheque your Agreement executed between Builder and yourself. Frivolous complaint will bounce back to them if it is so. Defend it and file counter Case. Society cannot interrupt supply of Electricity since it is essential service and tamper with MSEB connection. If proceeds, file complaint for interrupting the same.

Ans: Provide substantial input to substantiate your claim that they are misusing Society's fund and without taking General Body Approval. Report to DDR. However, they are at liberty to spend minimum Rs.25000/- on Repairs etc.

Hope you are satisfied. For further consulting contact/meet.

T. Kalaiselvan, Advocate (Advocate) 14 July 2014

You have answers in your own questions that what has happened and whom to approach and what actions are pending from concerned competent authorities. In the given situation, you may consult a local advocate,take his advise and help and proceed with proper legal actions against the erring people accordingly as per the provisions of respective laws governing each issue.

Humendra Gupta (consultant) 15 July 2014

Thanks you for your response .. I am looking for legal help since approaching local authorities has been a fruitless exercise .. very easy for MC with society funds to misuse the funds with kind of rampant corruption.

Hoping legal process will have a solution.. maybe coop court ? whatever can quickly get me some relief.

Thanks

Humendra