Is this contempt of court?

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

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.  

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.

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

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.