cpc

violation of by-law registered under tn societies registrati


I am a joint owner of a flat in an apartent which is registered under TN societies registration act, 1975. The association was registered on May 2019 which was led by 11 Executive committee members. Due to lot of politics all 11 members decided to dissolve the association just 5 months after formation of association. As per majority of owners proposal an adhoc committee was formed to conduct a proper election. But the committee couldn't conduct election even after 4months. So on EGM held on January 2020, 14 members were selected and one among them was myself. But later i came to know that as by-law of association only 11 members can be the executive members. Also as per by-law, there is no specific clause which allows blood relations of owners to be a member of association. Out of 14 members, 5 are not the owners and they are either spouse or parent of the owner. Also some selected members were not yet added as member of association with registrar of society. But they some how registered 11 members ignoring me and other two members by Form 7 during the month of March. Seven months has passed and till now they haven't added me as EC member. They have removed me and doesn't allow me in any activities of the association saying that they will add me after amending By-law. I have given a complaint mail to the president but no proper response from them. What should i do now? They are not even giving me a copy of By-law. Should i have to approach the Tribunal of Societies or should i have to approach civil court? or what should i do further? There was a whatsapp group where all 14 EC members were there to discuss about the association issues. But one day i was removed from it along with other 2 EC members who haven't given their Aadhar card for registration purpose and i am not even informed about EC meetings. I mailed to President that removing me from whatsapp group is snatching my right to be an EC member. The reply came is that since i am not yet registered I have to wait till amendment of By-law for registration. When i raised a question that how come they are eligible to look after association affairs and handle bank accounts between the date of EGM to date of registration (65 days) i got not reply. Pls guide me how to handle this type of harassment.

 
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Lawyer

Consult a local prudent lawyer with relevant records for professional guidance and necessary proceeding.

 
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Sir... Also I have whatsapp msgs where I have been harassed commenting an incident of my personal message. But I have heard that whatsapp messages or call records are not acceptable as proof or evidence of harassment. What kind of documents do I need to submit as proof of harassment?

 
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Retired employee.

Make a written complaint to the Registrar of societies and if possible, meet him in person and explain so that he can call for a meeting and settle the issue amicably.

 
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Is it possible to approach the registrar without any legal / professional help. I heard that i have to approach the tribunal of societies with an advocate. Is it so? Can i appraoch directly with documents? Is there any online platform to raise the complaint? What is the proceedure to approach the registar?

 

 
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Retired employee.

Registrar is a public servant.  The member is a citizen.   The Registrar might have seen such hundreds of cases and may be in a position to guide.  A S K is the first lesson to be learnt for succeeding in life.  Learn yourself and teach that what you have learnt out of experience.  Make a try and practice ASK principle.

 
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PLEASE BE SURE THE IT IS A MATTER OF FRAUD AND LODGE A FIR AGAINST THE ALL PARTY FOR LOSS OF MONEY AND HARASSMENT AND ALSO INFORM THE REGISTRAR OF YOUR DISTRICT FOR THIS LAND USE BECAUSE WHEN YOU DO THE LATE........BECAUSE TIME IS VERY IMPORTANT IN PROPERTY AND CIVIL SUIT....

 

 
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