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ali (Employe)     11 June 2008

Urgent please HELP

I am residing in C’ Wing  & my Building has 3 Wings A ,B & C in one Plot.


A & B Has Society Formed named Seguall Co – Operative Society



  • Well A & B has Different Water Line for which as Different  Invoice is Sent to Them By Birumumbai Mahanagar Palika

  • They have Different Electricity Meter For Staircase & Other light.

  • They have separate Assement invoice ie Muncipal Tax Paid by them.

  • A & B wing Resience are old Tenant’s while C’s wing is new owner who had purchase.

 


Well Sir Segull Co-operative Society had served a notice From Registar of Co-operative Society U/s 101 to Pay Society for Assesment & Water Charges, parking Charges etc


 


But The C’ Wing Member had Different meter For Electricity & Water Line Of which Payment Is made By the C’ Wing member’s Only


 


Sir Please Answer my Following Questions


 


1]  Can C’ Wing member can Form Different Society ? as they Have Different Electric Meter, Water Meter & Different Assessment.


 


2] While Forming the Seagull Co op Hsg Society no Consent was taken from member of  C wing. Nor C Wing members where Called at the AGM. As C wing are not Member’s of Seagull Co op Hsg Soc & neither using any of amenities of Seagull Co – Op Hsg Soc.


How Can Registar of Co –op Hsg Society Can serve a notice U/s 101  ?


 


3] In C’ Wing there are 14 Member’s Residing. The Complication is That out of 14 members there is one Tenant who has became the member of Segull Co –op hsg Society & using the amenities of C’ Wing & not paying any Of cost for such amenities ie (Share Of electricity Bill / Water Bill & Assesment Bill) the same is paid by him to Seagull Co – Op Hsg Society as he says he is Seagull member


 


Can we Recover Him the Cost from him which is bare by the 13 people ?


 


As 1 member residing has become the member of Seagull Co –op hsg Soc then also can C’ wing member’s form the Society ?


 


4] In case of Absent of any member who is the Owner & wants his son to attend the Case So POA is Required ? if Yes Please Give me the format of it?


 


5] Sir Who can Become The joint Secretary in Co –op Hsg Society?


As last time the Seagull had sent a member who declared himself as the joint Secretary but it seems that he is not the Owner of Flat? So a person not a owner of Flat can become Jt Secretary?


 


6] As the opponent ie Seagull Co –op Hsg Society has not Paid any invoice which he is Claiming From US (ie member of C wing)  as if the opponent is Defeated in the case then can we Claim the expenses (ie Legal Charges which incurred by us to


Defend the title) from the opponent?


 


 


Sir As the Case is continuing & decision is pending Can u Help me on Same with important Section and matter to be Produced in the Court relevant from chances of winning the case.


 


Sir We had Filed the papers to registar Explaining that we are not member of Seagull Co – Op hsg Society & not using any amenities. 



Learning

 6 Replies

Prakash Yedhula (Lawyer)     24 June 2008

Unless the bye-laws of the society are available, proper guidance could not be given

ali (Employe)     26 June 2008

The above matter relate to Maharashtra State Co-operative Act

Guest (n/a)     02 July 2008

Sir,


      I am a law student.  How can a foriegn citzen buy property in India?


What are the formalities to be followed?

Shree. ( Advocate.)     03 July 2008

Foreign citizens of Non-Indian origin (whether resident in India or not) and foreign companies including trusts, societies and associations incorporated/ registered abroad will be permitted by Reserve Bank, on application, to acquire immovable property in India, provided the following conditions are satisfied :-



1) The property to be purchased is for residential use only.



2) The consideration for purchase of the property is met out of foreign exchange remitted from abroad in any convertible currency through normal banking channels.



3) Income accruing by way of rent from the property purchased, or the sale proceeds of such property/income arising out of investment of such sale proceeds at any future date shall be credited only to the Ordinary Non-resident Rupee (NRO) account of the non-resident purchaser.



Applications for necessary permission for purchase of immovable property in India should be made in form IPI 1 together with the documents indicated therein to the Chief General Manager, Exchange Control Department, (Foreign Investment Division-III), Reserve Bank of India, Central Office, Mumbai 400 001.



 

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     03 July 2008

"ali" :

- A notice u/s 101 of the MCS Act, can ONLY & ONLY be served to "REGISTERED MEMBERS" of a registered co-operative society.

- The Registrar (cooperatives) has no powers or jurisdiction to serve notice to "non-members" under the MCS Act.

- Members of "C wing" are not "registered members" of the Seagull Co op Hsg Society and are not governed by the MCS Act. Society By-laws (as provided for under the MCS rules) are applicable only to "registered society members" and "C-wing" FLAT OWNERS are not yet registered members of the Seagull society.


- Flat owners of "C wing" can form their own society and no permission is necessary from the Seagull Co op Hsg Society.

- You cannot call yourself as "MEMBERS" of "C" wing.  BUT you can call yourself as "FLAT OWNERS" of "C wing"

- The mg.committee (chairman, secretary, jt.secretary ....) have got no right to question or dictate anything to Flat owners of "C Wing", which is not part of the Seagull society.  That'll be "Criminal intimidation" under the Indian Penal Code, a cognizable & punishable offence.  Make a record by lodging a police complaint.

- Only a one year old registered society member can hold posts in the mg.committee (chairman, secretary, jt.secretary ....) and nobody else.

- "C-wing" Flat owners should not attend  AGM of Seagull Society.  It will be "criminal misrepresentation", since ONLY registered members can attend AGM of society.




p.s. : Just simply throw the Registrar's notice in the waste-bin and forget about it.  Since flat owners of "C wing" are not society members, the registrar has no powers or jurisdiction to take any action whatsoever under the MCS Act.  The legal remedy may lie in the CPC.

Also can file an petition in the High Court, against the registrar for over-stepping his authority / jurisdiction and for deliriction of duty.  Ask for restraining orders against the Registrar


Keep Smiling ... Hemant Agarwal

 

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     04 July 2008

"Ali"  and Dear All,

The following is further "IN CONTEXT" to what I've explained earlier.

Keep Smiling ... Hemant Agarwal




--------------------------------------------------------------------------------

Published on July 04 2008, Page 7,  Hindustan Times, NewDelhi edition.

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Acting beyond authority amounts to misconduct: High Court                             


AN EMPLOYEE can be dismissed for acting beyond his authority as it amounts to breach of discipline and misconduct, the Delhi High Court said on Thursday

The court gave the ruling while enhancing the punishment of  'compulsory retirement'  given to a manager of the State Bank of India (SBI) found guilty on this count to 'dismissal'.

"The bank manager has to act and discharge his functions in accordance with the rules and regulations. Acting beyond one's authority is by itself a breach of discipline and misconduct. In the instant case the charges proved against the respondent are serious and grave in nature," observed a Bench of Chief Justice Ajit Prakash Shah and Justice S. Muralidhar.

Chaman Lal was found to have sanctioned loans in violation of banking regulations and bending rules to favour certain companies. He was also found guilty of serious lapses like opening a current account without any or proper introductory references and sanctioning loans without adequate security

The judges upheld the argument of the bank that being a branch manager Lal was required to exercise higher standards of honesty and integrity when dealing with public money

 


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