Kashyap Vyas (Private Equity Professional) 05 August 2009

HARASSMENT AT CO-OPERATIVE HOUSING SOCIETY BY MEMBER

Dear Sir/Sirs,

Re:- Harassment and Nuisance created regularly since last more than 2 years by Mr Jaswant from FLAT NO. A- 004 , Premnagar No. 5,Co-op Hsg Society Ltd,

Off S.V.P. Road, Borivali(West),Mumbai-400092 by carrying on Commercial Activities at Residential Area.

REGN NUMBER : BOM/WR/HSG/TC/4227 OF 1988-89

I Kashyap Vyas the members of Premnagar Bldg. No.5 Cooperative Housing society hereby desire to stop any kind of Commercial Activities from our Residential premises with immediate effect. The owner of Flat No. A-004 Mr Jaswant is conducting business under name & style Jaswant & Company infact from 2005/06 ; almost since last 4 years. Initially we had no problem as business activities were relatively on smaller scale or say limited so it was not objected. But now business is being carried out in full swing from the above named residential premises. I stay at Flat no. A-003 had been verbally protesting for horrible Nuisance and Irritation since last 2 years ; had been lodging oral complaints to Secretary Mr Nitin, Mr Rajni Gandhi a senior Member of Society ( not committee member) and Mr Jaswant owner of Flat no.A-004 but Nuisance is continued as a usual schedule.

Even I had given 2 complaint letter to The Secretary & Managing Committee on 13/06/2009 and 16/06/2009 .But to our surprise no action is taken by The Secretary & The Managing Committee even though being vested with full power , authorities by members of Society. (The members of co-op housing society). The contents of letters is reproduced below for your reference ;

“My family is undergoing very awful and nasty situation since last more than 2 years due to full-blown and total business activities being conducted by owner Mr Jasubhai from Residential Premises at Flat no. A- 004.

I hope the Managing Committee would give very …….straightforward And ……..transparent Reply to my following questions :-

v Can any Member conduct business activities from Residential Premises causing Nuisance , Annoyance to other Members without taking permission from Local Authority or Society Authority ?

v Has Mr Jasubhai has been authorized by Society and Local Authority ? If authorized please show me any such consent letter. ?

v Even if any such permission is granted or obtained ( by illegal route) at Residential Premises the same can be treated as annulled Ab - Initio ( Invalid from beginning) on objection or protest expressed by any just A Single Member of Society. I want very expert and honest view of Managing Committee & all Office Bearers on this issue ?

v Under circumstances if business is conducted unlawfully and illegally why Society Authorities does not compell to stop such commercial activities ?

v Last question to all members of Managing Committee And Members of Society ; will you allow any such problem creating activities nearby your Place of Residence ? Please give me specific reply YES OR NO ?

I request you to please stop commercial activity at above named flat no A-004. It is causing lot of disturbance to my family since last 2 years. Daily at odd Hours whether morning---afternoon --night or late night some kind of activities is always on ; daily people in large numbers are visiting the premises causing horrible disturbance. Large numbers of strange people are always there to have close look into my Drawing Room. Why we live at Residential Regd Co-Op Hsg Society ? We want some kind of law & order ; we want comfortable life.The office gate is always being shut down and opened very vibrantly making very ……very horrible & shocking sound at any time whether Early morning upto ……….late night.

I hope you would take appropriate step in the matter. With regards , Kashyap Vyas”

After taking into account above letters and problems Faced by me and my family I strictly want closure of any kind of Business Activities by Mr Jaswant with immediate effect.

As per the societies bye laws, residential complex cannot be used for commercial purpose. Unless there has been a resolution passed on to that by the Members at General Body Meeting. Ask for the copy of society bye law booklet and look it up...!

It’s not new that residential units on ground floor are converted into shops. Before jumping to any conclusion, it is important that we must find out whether such shops/offices are legally permissible in a building / area, see building plan.One has to find out whether the members have taken the legal permission of the Municipal Corporation for the change of user (residential to commercial). It is the civic body that determines whether shops can be permitted in your building by law and with reference to original Building Plan.It also indicates that our Society byelaws do not allow / authorise shops without permission / resolution strictly by us(The Members of Society not by Managing Committee ) at General Body Meeting.. So, it’s a little strange that in the absence of any authorization / permission from the General Body, this important decision of change of user has taken place. As far as cooperative laws are concerned, this is a case of gross violation, as no permission was taken before the change of user. Even any permission given later has no meaning, and no effect to cure the past actions that are unfair and unreasonable in law. In other words, the point to note is that for change of user of premises from residential to commercial, one needs the ‘prior permission’ of the Members of Society( Not Managing Committee) and local civic body, and both are mandatory and cannot be sought later. In fact, both these are necessary, and either of the two permissions cannot suffice in the case of change of user. Thus our position of understanding is correct, as far as the issue of permission of Society is concerned. If the permission of the Corporation is not taken for change of user by the members then it becomes a fit case to approach the cooperative court for relief. Change of user constitute a violation of the Development Control (DC) regulations, where the civic body can take necessary actions against such members.

I hope above points should be more than sufficient to take immediate and emergency action by all the authorities to whom copy of this letter is sent either by Courier or Fax or both.

Further I was surprised and shocked by very casual and negligent statement made

by one of Responsible Committee Member Mr Jagwani in the presence of Secretary Nitin Parmani , Senior ordinary member Mr Rajni Gandhi , Mr Jaswant ,My Self during meeting held on Saturday in the last week of June,2009. Even wife of Secretary was also present at the meeting. Please read the statement given below :-

v You keep your door closed. ( Mr Jagwani was teaching me to keep my main door closed)

v Any member is free to do any activity inside the home why should we interfere.

v Mr Jagwani was just casually telling Mr Jaswant(erring member) “ you will defend any notice served by society. ( He was talking in Hindi “ Aapko notice milega to Aap to Bachaloge)

I was surprised by such irresponsible statements by Mr Jagwani. Further Mr Rajni Gandhi and Nitin Parmani just kept quiet indicating willingness and desire to support umauthorised commercial activities by Mr Jaswant.

Now it is interesting to watch how Mr Jaswant is defending himself against my legal Notice further how and under which ground Managing Committee Members would be able to defend themselves against charges leveled against them. I have very BIG Question Mark for Mr Jagwani ?

I have one more point which is going against so called very ……very responsible committee members with regard to demolishing some( very small) portion of illegal construction done by Flat no. B/007 , Name of Member Mr

Bhupendra. The key point needs to be considered is if Committee Members are not taking any legal action against Mr Jaswant then how can they demolish illegal structure of Flat No. B/007. Simply because the member is poor and

Helpless. ? I want very clear and transparent reply ; I am not requesting

Managing Committee since it is my legitimate right to have information.

Please read following Amendment notice circulated to all the societies and

Published in the leading News Papers all over Maharshtra.

Maharashtra Co-Op Societies Act Amended

K Ram Kumar / Mumbai April 12, 2002

In a move that will have far-reaching implications for societies established under the Maharashtra Co-operative Societies (MCS) Act, 1960, the state government has notified that all elected members of the managing committee of societies are required to execute a bond holding them “jointly and severally” responsible for all the decisions the committee takes.

Called the MCS (Amendment) Rules, 2002, the new rules are applicable to co-operative banks, co-operative federations and co-operative housing societies, among others. A new form, M-20, has been inserted whereby elected members of managing committees have to declare they are jointly and severally responsible for all the acts and omissions detrimental to the interests of the society.

“Lack of professionalism, transparency, insider/connected borrowing and political interference are the bane of co-operative banks. This has taken a toll on their financial health. The new measure will deter managing committee members from taking arbitrary decisions,” said a senior co-operative banker.

According to another co-operative banker, the new rules could prove to be the proverbial double-edged sword. "It is like a pro-note, which makes each member personally liable. For example, even if a loan decision is taken on merits, an error of judgement cannot be ruled out. So under the new rules, if an advance which was extended during the tenure of a member goes bad, he will be liable for it even if he ceases to be a member of the managing committee," he explained.

Residents of co-operative housing societies, who normally are reluctant to take up the honorary responsibility of looking after the affairs of the society, are expected not to join managing committees.

According to the new rules, every elected member of the managing committee of a society shall execute a bond on a stamp paper, as provided under the Bombay Stamp Act, 1958, within 15 days of his assuming office. The chief executive officer/secretary of the society shall receive such bonds and keep them in the records of the society and accordingly inform the Registrar of Societies within 15 days from the formation of the committee. Further, under the rules, a provisional list of voters should be prepared by every notified society in the year in which the election of the society is due to be held. Persons who have completed a minimum two years as members from the date of their enrolment should be included in the provisional list.

Yes it is mandatory for the Committee members of a Society to execute a bond [Form M-20] within 15 days of assuming office, as provided by Sec.73[1][ab] of the Maharashtra Cooperative Societies Act 1960 r/w. Rule 58A of the MCS Rules, 1961. The bond must be made as per the format of Form M-20 on Rs 100 stamp paper purchased in the Society's name. The bonds will remain on the Society's records but copies must be lodged at the office of the concerned Dy. Registrar.

Failure to comply with the above renders the Committee member[s] statutorily disqualified.

I want compensation of Minimum Indian Rupees 1,50,000/- from The

Premnagar 5 Co-op Hsg Society Ltd for not taking quick action and providing full support to Mr Jaswant since last 4 years. This is a very serious

Offence. My family life is fully disturbed ; my business is affected very adversely because of the continued nuisance. Please read reason why I claim

Compensation & Damage of Rs 1,50,000/- .

Can a member approach consumer forum for redressing his grievance?

Yes. Housing is covered under the term “service” in the Consumer Protection Act,

1986 (the CPA 1986). Therefore the services rendered to the members by the

housing society falls within the purview of the CPA 1986. Further, the provisions

of the CPA 1986 are in addition to and not in derogation of any provisions

contained in any other Act This means that the provisions of the CPA are

additional remedial avenues provided to the consumers by the Parliament of India.

In view of the above, any dispute with a housing society by any member with

respect to rendering any services such as allotment of house, possession of house,

rendering maintenance services in relation to housing complex etc are covered by

the CPA 1986 and a member can approach the Consumer Forums for claiming

compensation and damages against the housing society for rendering deficient

services. The Supreme Court has held in the case of Secretary, Thirumurugan

cooperative Agricultural Credit Society v. M.Lalitha, (2004) 10 CLA-BL Supp that

a member can approach consumer forum as a consumer to redress his grievance

against a cooperative society. Housing society primarily being a cooperative

society this judgment is applicable to cooperative housing society also.

Apart from legal aspect please look at my profile link given above to know about my profession and financial profile for claiming damage of Rs 1,50,000/-(Rupees One Lac Fifty thousand )

I am private equity, Venture Fund professional from Mumbai. India associated with ICICI Venture Fund as a Sales Consultant. I also deal with large number of Venture Fund Companies at India and other countries VIZ USA,UK,EUROPE,Canada and other Asian countries..I normally receive Minimum of 100 proposals every Month from India ,USA,UK, Canada & Other Europian countries. Annually I deal

With Venture Fund & Private Equity deal worth $500 million to $800 million.

Since last almost 3 Months I am not able to transact business properly due

to harassment & torture by commercial activities. I deal with highly professional corporates,Directors, Finance Professional at India & USA,UK, & other Europian Countries regularly. Such dealing requires complete peace of

mind and very healthy atmosphere. My business is badly affected by regular

and frequent harassment by carrying on business activities Mr Jaswant .

I show Copy of some emails to substantiate my above statement. Otherwise People like Mr Jagwani would tell it is all humbug & non-sense.

COPY OF EMAILS:- (From USA Located corporates for Venture Capital And Private Equity)

(1)Hi Kashyap,

Great meeting you on line!

I am not sure whether the amount and type of investment we are looking for is a good fit for your business offering but let's take the first step and see where this may lead us.

Attached is our Executive Summary for $2.5 mn capital requirement. If you feel this is something you would like to pursue further please let me know so we can arrange to send you more information. In any event I would very much like to hear your thoughts and receive feedback. Thanks!

(2)Hi Kashyap,

RE: $50M in funding required for Profitable Animated Film Company. Full Business Plan and Pre-screening of 4 films ready for distribution available

I have attached some additional information regarding the funding required for the Animated Film Group. You can also see other projects that we have that require funding by visiting the PROJECTS section of our website at www.lincolncorp.com . Please review and we can have a call to discuss at your convenience.

Danny Jester

Lincoln Corporation Ltd.

Voice: 214.683.2256

Fax: 214.379.1907

www.lincolncorp.com

Skype: dannyjester

Danny Jester

Voice: 214.683.2256

Fax: 214.379.1907

Email: dannyjester@gmail.com

Skype: dannyjester

(3)Hi Kashyap, I received your email and attached is much of the information you requested. In the spirit of full disclosure, we have great interest from several funding sources at the moment and may be getting commitments in the coming days. We look for $120 million. Thank you for your interest, please let me know if I can answer any questions.

Very Best,

Terry

Terry Johnson

President/CEO

Jeremiah International

1720 Entertainment

www.jeremiahint.com

www.1720entertainment.com

404-386-6287

"Faith does not grow in the house of certainty"

(4)Hi Kashyap,

I spoke with my client today, and he informed me that you have a few suitors interested in 1720 Entertainment. I have brought several million to this client already, and I would welcome splitting my 4% commission with you (2% for me and 2% for you) on any monies you bring to 1720 Entertainment. All funds (commissions) will be paid by my client at closing (via wire transfer). Is this arrangement acceptable to you?

Best wishes,

----

EKUMENE M. LYSONGE, ESQ.

8418 Admirals Landing Way

Indianapolis, IN 46236

T: (317) 250-3613

F: (866) 722-0034

E: elysonge@gmail.com

I hope the above specimen of Venture Deal transactions would indicate very

Clearly how much damage is done to my business due to commercial activities by Mr Jaswant with full support from Committee Members.

It is indeed pity that I have to deal with such a Uncivilized, Uneducated, Unorganised class of people who do not understand what is Human Value,Social

Value, Family Value . Such people do not have manners, standard social behaviour,

Courtesy,civility . They have just their own selfishness in centre. Please read my

Comments for the so called practical people.

Practical pests!

Most Indian people get away with criminal mind sets, on the pretext of being practical. What all goes on in these practical minds is just psychopathic criminal nonsense. Just to avoid being good and leading a life of values and morals, these practical losers will stoop to any level to get what they want.

Indians always put being practical before being moral and will necessarily be immoral in the guise of being practical. It’s a pity that they trap themselves into evil misdoings like that. But even after education and experience, most Indians don’t let go off this obnoxious habit.

It’s the practical Indian who will cheat, lie, steal, even backstab his fiends and colleagues. I am a kind of idealist and realist and this kind of practical nonsense doesn’t go down well in my sensibilities.

I have friends who claim to be practical, just so that they get approval of their criminal activities. I have relatives who will do just about anything in the guise of practicality. Being practical is an easy way out to get the license to be licentious.

Many people break relationships, have illegitimate relationships, indulge in all kinds of taboo activities, all the time proclaiming that they are being practical. They will lead dubious lives, bring tension to the household, harass and instigate other people who might be better than them and say that they are being practical.

It is perhaps this mindset that foreigners are targeting in the West and unless Indians change their pathetic behaviour, they will mercilessly be hunted down like they have been in the past.

CONCLUSION :-

A) Immediate Closure of commercial activites completely by Mr Jaswant.

B) Expulsion of Mr Jaswant as a Member of Society with retrospective

Effect from 2005 the actual date of purchase of property. Please read the

Legal grounds & circumstances for the expulsion given below :-

“Expulsion of members. :-

Any member of a co-operative society may be expelled by a resolution passed by the committee of the co-operative society subject to the approval of such resolution by the Registrar if :

(i) the member has wilfully deceived the co-operative society by false document to obtain the membership of such co-operative society; or

(ii) the member incurs any of the disqualifications for being a member of the co-operative society; or

(iii) the member has brought disrepute to the co-operative society or has done any other act detrimental to the interest and proper working of the co-operative society:

Mr Jaswant has been willfully acting against interests of society and members regularly and persistently since last 3 years (approximately) inspite of complaints lodged verbally by me ; by using Residential Flat For Commercial purposes from the very first day some-where in NOVEMBER ,DECEMBER , 2005. Eventhough he had signed affidavit to use property for Residential Use only as a integral part of Sales agreement for residential flat purchased at the society.

C) I Want compensation of Minimum Rs 1,50,000/- with all incidental cost and

Reimbursement of expenses for filing complaints against society,Committee

Members and Mr Jaswant ( the erring member) including legal fees,advocate

Fees , any stamping and franking charges and conveyance …….and all expenses

Not included above from The Prem Nagar No. 5 Co-op Hsg Society Ltd.

With regards

Kashyap Vyas

COPIES SENT TO FOLLOWING AUTHORITIES :-

(1)Mumbai Suburban District Consumer Disputes Redressal Forum

New Administrative Building, 3rd floor,Near Chetna College, Opposite Dr. Ambedkar Garden ,Government Colony , Bandra, Mumbai 400051 Telephone: 26551625

(2)THE BOARD OF DIRECTORS ,THE MUMBAI DISTRICTCO-OPERATIVE HOUSINGFEDERATION LIMITED , Vikas Premises, 1st Floor, Nyayamurty G.N.Vaidya Marg,Mumbai - 400 001. Tel.No.2266 1043,2266 0068.

(3)MR Badhan, , ADDL Registrar(Budget & Planning),Office of The Commissioner for Co-operation & Registrar of Co-Op Housing Society , Maharashtra State, AT PUNE, Central Building ,Station Road , Pune - 411001.

Telephone:- 020-26129572 ; 26122846 ; 26122847 FAX:- 020-26133082

(4)Notice To The Secretary And Managing Committee

Prem Nagar Bldg No.5, Co-op Hsg Soc Ltd,Borivali(West),Mum-92.

(5)The Chief Commissioner Of Mumbai Municipality ( with A request to know what action was taken against my online Complaint Number 0720594023 dated 19-06-2009 at 2.00 Noon against Mr Jaswant Carrying on Commercial Activities from Flat no. A-004 , Premnagar No.5 Society,Borivali(West),Mum-92.)

The Local Municipality Office

Municipal Corporation of Greater Mumbai,

Head Quarter, Mumbai C.S.T. 400001.

(6)The Respected Chief Minister of Maharshtra

Mr Ashok Shankarrao Chawan

Chief Minister Secretariat, 6 th Floor , Mantralaya,

Mumbai-400 032.

PHONE NUMBERS: 022-22025151 ; 022-22025222

FAX NO: 022- 22029214

(7)Mr Rakesh Maria , Joint Commissioner Crime Branch,

Police Comm. Office, Crawford Market,Mumbai-400001.

Tele:- 022-22620406 ; 22620111 ; 22641261 ;

FAX: 022-22620557

(8)Copy to ALL Leading Newpapers & Media .

Reply Follow

23 Replies

Mrs. Hetal Sunil Shah (Advocate) 07 August 2009

it is too long to read why do not you be snappy??

Anil Agrawal (Retired) 22 August 2009

File a complaint with Consumer Court.

vikas mishra (ADVOCATE) 11 September 2009

Mr. Kashyap .

I feel u should complain to the dy.registrar and even if he doesnot listen than u should approch the co-operative courts, I dont think that consumer court is the correct remedy for u because u r not the consumer of the society you are the member

Anil Agrawal (Retired) 11 September 2009

Corruption my dear Sir corruption. Nothing will happen. If you have faith in courts, you will become very old before the case is heard and decided and may be your children will continue the case.

Pushpa M Pillai (-) 22 September 2009

one of our housing societymember a real estate business in same premises wats to become secretary. He is owner of flat & shop.Will you please inform he is eligible for the post.

Pushpa M Pillai (-) 22 September 2009

one of our housing society member ( a real estate agent) business in same premises wants to become secretary of the same society. He is the owner of flat . Will you please inform me he is eligible for the post

Anil Agrawal (Retired) 22 September 2009

What is the ineligibility? Any member can be elected and become Secretary if elected members so desire.

Pushpa M Pillai (-) 22 September 2009

Some of the member had taken objection and says as per bylaws 121 (co.op.hsg society law) no profession/property dealer could not take office bearer post. Will you please clarify?

1 Like

Pushpa M Pillai (-) 22 September 2009

Some of the member had taken objection and says as per bylaws 121 (co.op.hsg society law) no profession/property dealer could not take office bearer post. Will you please clarify?

vikas mishra (ADVOCATE) 22 September 2009

Yes if he is the member of the society he is eligible to become secetary of the society if he has enough nos. of the members supporting him for the said post.

rajendra b. popat (proprietor) 07 February 2010

Allegation of Bazari activity but not supplying evidence :

My wife and I am joint owner of flat on ground floor of the above named society, committee alleged that I am using flat for bazari activities. We filed reply to show cause notice issued by the society indicating that part of the flat can be used for CA profession as per BMC DC regulation and part for residence. The committee member did not show reply to any member of the society and deleted our name from membership of the society in AGM 7 months back.

We are also not aware whether society has delivered the AGM resolution copy to the Registrar’s office.

We have till to date not received hearing from the Registrar’s office.

Manipulation of AGM Minutes :

Though in AGM meeting my wife lodged strong protest in writing in attendance slip the society committee passed AGM resolution stating that we have also consented to resolution (i.e. false preparation of minutes).

No reply to Two RTI Applications :

I also filed Two RTI applications with the Registrar F south Malhotra House, Mumbai 400 001 in the month of March 2009 but neither the Registrar nor the society committee replies to all information sought including proof of allegation of bazari activities.

Cutting of tree and looting of fund from the said expenses :

6. The 20 year old tree was murdered in the society compound by the committee members through out side people having power saw cutter and several trees were defaced, complaint was also lodged with tree authority and BMC, BMC reply after 3 months plus stated that tree fell on its own and society committee in its resolution stated that Rs. 15000/- is spent from the fund of the society for cutting of tree and due permission was received from BMC for cutting of the tree and also gave permission number stated to have been granted by the BMC office in the said resolution. The details of tree cutting was also asked under RTI vide para 3 above but no reply is received till to date.

7. Details of expenditure of Rs. 15000/- incurred in the cutting of tree which was asked in the RTI application is also not provided to us, this again is in total violation of the Bye laws and statutory guidelines / appropriate procedures to be complied with before cutting of any tree in the BMC Jurisdiction.

Allegation of manipulation and demanding approx. Rs.16000/- plus.

Society committee then alleged in the year 2009 that I have manipulated society bill of our flat and thereby charging less amount of maintenance since 2003 ( for the six months when I was secretary) and raised demand of approx Rs.15000/- ( initial demand in AGM notice was above Rs. 33000/- ) through resolution but not raising bill for the said amount till to date.

Two days back I have received the said bill of Rs. 16000/- plus but the reason is not given to my reply when I manipulated and under which head and society is also not giving figures of other members for last seven years at what rate they were charged.

Further, I was not also secretary when the amount of maintenance charges reduced, as I became secretary much later when I pointed out that the tanker bought in society put the pipe in under ground tank of society was empty, and corruption through purchase of tanker water was continued in past ten years and simultaneously society was paying for BMC water charges besides society has water bore well.

I filed letter to Society committee along with copies to (a) Registrar, (b) District Deputy registrar (c) Joint registrar [ All at Malhotra House, Opp. GPO, Fort, Mumbai 400 001] and (d) Federation of Co operative Housing society at Verma Chambers, B/H SBI Head Office, Horniman Circl, Fort, Mumbai 400 023 asking for details of past seven years about maintenance charges charged to all the members but no reply is received from the committee of the society and no reply is received from above authorities also till to date.

External leakage but not repairing the same and looting money :

12. Since last 4 years external leakage is there from first floor and water seeps in our flat and is continuously damaging the wall plaster and creating fungus and mosquitoes in side the flat for which complaint is filed with Society committee along with copies to (a) Registrar F south, (b) District Deputy Registrar and (c) BMC F south but no reply is received from the committee of the society and no reply is received from above authorities also till to date. However, District Deputy Registrar replied that it is a dispute and be referred to Co Operative court. I fail to understand when specific provision in Bye laws is there then why the , District Deputy Registrar does not want to give direction to the Society committee ?

Looting money under the guise of major repair work :

11. Though I have contributed Rs.82000/- plus for plastering and painting in the month of March 2009 ( within time schedule of amount to be paid) but work of not even Rs. 5000/- is done till to date and lekage is still persisting.

Making clear way to loot the money :

12. The main reason for removal of my name is to keep me away from asking any question on tenders for repair, type of work to be done and already done etc.

Formation of cartel and looting money :

13. In our society majority is of corporate member and hardly some individual members are there and they have formed cartel to loot the money.

Mismanagement of Society affairs by managing committee members through innovative means and not complyinf with MCS Act, MCS Rules, Bye laws etc.:

14. AGM and business discussed there at is illegal :

AGM held on 10.08.2008 is illegal and improper as evident from the notice of the meeting as the mandatory period of 14 days from the date of issuance of notice till the date of the meeting is not complied with. Thus agenda discussed and decided in AGM is null and void and is not binding on the members..

We are aware that similar issue has already been raised by one member named Mr. Shankar B. Shinde before your honourable office as well as with the society managing committee and the matter is under investigation since last several months from your honourable office.

Non Acceptance of letter from members and non reply to the said letter by

committee members :

15. Mr Shankar Shinde and Mr. R.B.Popat have written to the society in RTI format as required under Right To Information Act, about several aspects one among them is providing details of expenses incurred on cutting of trees of Rs. 15000/- in the compound of the society and also legitimacy thereof but committee is not replying so far.

In view of the above complaint was lodged with the Assistant Registrar F South Mumbai who vide his letter dated 06.11.2008 Ordered to the committee of the society to accept acknowledge and reply to all the letters from the members.

Despite the aforesaid directive from the Registrar’s office the secretary in absolute defiance of Registrar’s order and also totally disregarding The Right to Information Act, till date continues to instruct the societies manager [ whose salary is paid out of maintenance collected from members ] to refuse acknowledgement to any member in respect of any letter submitted in the societies office. Further the manager acting under the instructions of the secretary advises members in a very rude and arrogant manner to “ Drop” their letters addressed to the society in a box fitted outside the door of the society office and even if letter is dropped inside the same is destroyed and no cognizance of the same is taken as is evident from lack of any reply on members letters for months together, this proves the mala-fide and malicious intentions of the office bearers in general and the secretary/chairmen in particular. We seek your immediate intervention.

Water flown in from external side while pipe broken while work was going on in secretary/chairperson flat :

16. Mr. R.B. Popat has also written to the registrar about water flown in my house while repairing work was going on 22.12.2008/23.12.2008 in the house of chairman and secretary after having informed all the committee members not a single committee member came for inspection on 23.12.2008 and even refused to accept letter from Mr. R.B.Popat.

High handedness on collection demand for major repairs :

17. Vide point no. 10 herein above AGM is illegal, hence collection towards major repairs and any business and agenda discussed there at is also null and void and not binding on any members of the society, though referred to The Registrar’s office he has decided to keep his eye’s and ear’s closed and allow committee to function as they like.

R.B.Popat.

B.COM,F.C.A,F.C.S.

rajendra b. popat (proprietor) 07 February 2010

Reducing garden Area :

Recently while doing major repair work society committee members cut the garden area and increased parking area for cars and not utilising stilt open and covered parking space without BMC approval.

Kanaksinh P.Boda (Educationist/Lawyer) 08 February 2010

I think Mr. Vyas can approach Consumer Forum since he is paying for the serivices as a member and there is a clear deficiency in serivice by the CHS in not being able to give him the relief.

Kanaksinh P.Boda (Educationist/Lawyer) 08 February 2010

I think even Mr.Popat is being harassed by CHS in objecting to his using flat to earn his livelyhood. This definitely amounts to causing mental agaony and financial loss consequent to the said harassment . Mr. Popat can claim damages from CHS under Consumer Protection Act for sure. He shoul accordingly notify the CHS without loosing much time as he has already lost time and he will have to apply for condonation of delay. I suggest him to be specific for relief and teach lesson to the unruly members rather than approaching corrupt Govt.Office.