Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 24 November 2011

Is this contempt of court?

A member in our Co-operative Housing Society was using his residential flat for commercial purposes. The Secretary sent him notice several times asking him to mend his ways and restore flat to residential use. In fact at the time of his admission to membership he had signed an undertaking the he would not effect any change of user of the flat without the prior permission of the Managing Committee.

As the member ignored all notices from the Society, a case was filed against him in the Co-operative Court. The member came to the court and readily admitted that what he was doing was bad in law and that he would vacate the use of the flat for commercial purposes. As suggested by the Society’s lawyer a document, which the lawyer called “Consent Terms” between the member and the Society was drawn. Under the consent terms the member admitted everything including his use of the flat for commercial purposes was bad in law and that he would vacate commercial use on or before 31^st May, 2010. The consent terms were executed in April, 2010 and submitted to the court. The court issued the same as an award by the court.

The member vacated commercial use of the flat by 31^st May, 2010 and sent a letter to the Society that he had done so.

However after a few months he resumed using the flat for the same commercial purpose. The Secretary requested the lawyer to initiate contempt of court action. He at first refused saying that the Society will have to go to the High Court. When the Secretary told him that the Society was prepared even to go to the High Court the lawyer flatly refused to do the same.

I want to know from the learned members, whether the action of Society member can be termed as Contempt of Court and if so how to proceed.

According to me what the member did, amounted to civil contempt of court under Sec: 2(b) of the Contempt of Court Act, 1971 and the Society will have to file a complaint under Rule 17(b), read with Rule 6(a) of the Contempt of Court Rules, at the subordinate court. If the subordinate court, after necessary enquiry, finds the complaint justified will forward its recommendations to the High Court.

I would like to hear from the learned members.

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5 Replies

C H MAHADEVAN (Executive Director(Retd)) 25 November 2011

The member had vacated the commercial use of the flat by 31st May 2010. as per the Order of the Court based on the consent terms filed by him.But resumption of the commercial use of the same flat at a later date is a violation of his own consent terms and can be deemed to be disobedience of the court order even though he had complied with the court order for some period.By resuming the commercial use of the same flat, he is deemed to have committed contempt of court.

I am not a legally qualified person, but a common sense interpretation of the situation leads me to come to the above conclusion.

C.H.Mahadevan

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152) 27 November 2011

The member undertake to use the flat for the purpose for which it is allotted.

under the bye-law no. 17(b) &19a (iv) at the time of Transferring and applying for the membership . Now that he violated the clear condition, and his undertaking not to change the user of the flat.

Pressurized him by

1] stamp duty paid by him as per residential use, so can approach the collector to impose commercial rate of stamp duty, and Regn Charges, it will pinch him once.

2] his electricity bill levied as residential tariff, once charged to commercial, one more pinch to him continuously

3] Local Body, Municipal Corporation must have not licensed him, so sent Objection,

issue notice to him for EXPULSION u/s 35 of Mah Co-op Soc Act. , for intentional violation of bye -laws & Violation of Court Order, Contempt of Court and terms of membership.

Impose Penalty of Rs. 2 Lakh + charge for Legal Expenses & on nonpayment go for 101 Recovery & auction his Flat. + in case of Appeal carry on Appeal/ and charge him.

Do not allow any of his customers to enter the Society premises. Get all these actions passed in Resolurtion in Mg Comttee as well as in a Sp Gen Body Meeting called for this purpose only, and inform Registrar accordongly, with copy to him.

File Contempt of Court case.

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152) 27 November 2011

The member undertake to use the flat for the purpose for which it is allotted.

under the bye-law no. 17(b) &19a (iv) at the time of Transferring and applying for the membership . Now that he violated the clear condition, and his undertaking not to change the user of the flat.

Pressurized him by

1] stamp duty paid by him as per residential use, so can approach the collector to impose commercial rate of stamp duty, and Regn Charges, it will pinch him once.

2] his electricity bill levied as residential tariff, once charged to commercial, one more pinch to him continuously

3] Local Body, Municipal Corporation must have not licensed him, so sent Objection,

issue notice to him for EXPULSION u/s 35 of Mah Co-op Soc Act. , for intentional violation of bye -laws & Violation of Court Order, Contempt of Court and terms of membership.

Impose Penalty of Rs. 2 Lakh + charge for Legal Expenses & on nonpayment go for 101 Recovery & auction his Flat. + in case of Appeal carry on Appeal/ and charge him.

Do not allow any of his customers to enter the Society premises. Get all these actions passed in Resolution in Mg Committee as well as in a Sp Gen Body Meeting called for this purpose only, and inform Registrar accordingly, with copy to him.

File Contempt of Court case.

I.S.Roy,Advocate (Advocate) 27 November 2011

dear Sir,

Only action to file a complaint under Rule 17(b), read with Rule 6(a) of the Contempt of Court Rules, at the subordinate court. If the subordinate court, after necessary enquiry, finds the complaint justified will forward its recommendations to the High Court

with regards

I.S.Roy , Advocate

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 29 November 2011

In 2009 – 10 he had surreptitiously obtained Municipal license for commercial use of the flat. We got this information through RTI. In the reply BMC also said that permission from the Society was not necessary for the purpose. We made a first appeal and the concerned officer fooled our Secretary. I asked him to make second appeal and it went to the infamous Ramanand Tewari. One can easily imagine the result. He blatantly supported the Municipality and even spoke on a challenging tone to our Secretary daring him to go to Court. Soon after, as everyone knows, he was dismissed.

The member is using the flat as a godown. So no customers are coming. Only his workers come. Our security agency is weak. They sent only old people. They are not capable of preventing the workers coming in.

The member is making a lot of money. Hence if we complain about Stamp duty, electricity bill etc he may pay and claim his right to misuse the flat. Any way if someone can let me know the exact address to which the complaint is made, I shall do it as an ordinary member so that Society will have no responsibility. I am not even a Managing Committee member.

We suspect the errant member has even purchased our lawyer. He has suddenly turned hostile to the Society. He flatly refused to initiate action for contempt of court. The advantage of contempt of court is that in parallel we can pursue the civil case also against him. Also if he doesn’t apologize before the court he may face even imprisonment. He can apologize only if he reverses his action of misuse of the flat.