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Faizan (Service)     19 May 2016

Harassment from mc of chs

Ever-since our purchase of the flat No. 1804 in the Star residency in the year 2014, society has started harassing us right from day one when we approached them for transfer of the said flat on our name UNDER SECTION 23(2) OF THE ACT 1960.

  1. Society has first of all asked for entrance fees of Rs 75000/- in cash besides Rs.25000/- officially for which we have strongly objected being educated alter citizen, but since we were new member we surrendered to the demand of society and paid on money of Rs.75000/- under protest, for which no receipt is issued to us for the said amount which is the practice followed by society for years together. From that day on words society started picking up quarrels with us.
  2. ON 11thoct2015 society has  called AGM 2014- 2015by violating bye-laws 94(a)(b) as there is no provision under law for extension to hold AGBM, in case of default in calling the AGBM as stipulated in the bye- laws 94(a) attracts disqualification and action [provided under MSCS ACT 1960 SECTION 75(5).I have strongly objected  the legality of the AGM 2014-2015 taken on 11th day of oct.2015 and  complaint to the sub Registrar k west ward Bandra E Mumbai through my Advocate . Sub- Registrar has issued show cause notice to the society for which society did not reply till date, shows admission of all my allegation as true and correct.
  3. On 22nd Jan 2016 society has called towing vehicle and police in our absence and removed my vehicle saying un authorized park vehicle subsequently I approached the concerned police station for necessary action .The senior Police Officer on hearing the arguments of both the parties asked the society to maintain status co with the warning that they will not harass me and asked the society to go to the civil court if at all there is any dispute. Society has already sold four parking at rate of RS. 5 Lacs each to members with out consulting members or with out passing resolution in the SGBM. Society has not given any account of the cash transaction till date inspite of demand and complaint made in writing to the Sub Registrar Mumbai.
  4. Subsequently I brought back my forcibly removed car  and again park in the compound which was forcibly removed. When the society failed on all fronts they intentionally raised so called amount of Rs.33750/-in the monthly maintenance bill for the month of Feb, 2016 stating its amount of parking under bye laws no 169 a which not only un just but uncalled for as condition under bye-laws 165 not followed over and above I being lawfully owner of the property having allotment letter of the builder on the basis of which society has given parking allotment to all members. One Committee member is not having even builders letter still he has been given and allotted parking, amounts to violation of their own circular.


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