Decision made in agm - not acceptable
Guest
(Querist) 15 January 2015
This query is : Resolved
Hi,
Our housing society is in getting the drainage system connected to the main drainage on the road with the help of bmc.The plan that they have made is affecting 4 homes as the drainage pipes are going to be laid through their compounds. Two members are ok with this decision but the other two are not agreeing. What are the rights that the "non agreeing" members have so that this construction does not go ahead and what steps can be taken to stop the society from constructing this drainage?
Advocate M.Bhadra
(Expert) 15 January 2015
You can lodge to the appropriate forum:-
Complaints to be made to the Registrar
Complaints to be made to the Co-operative Court
Complaint s to be made to the Civil Court
Complaints to be made to the Corporation / Local Authorities
Complaints to be made to the General Body of the Society
V R SHROFF
(Expert) 15 January 2015
SHRI BHADRA HAD POINTED OUT VARIOUS AUTHORITIES TO COMPLAIN..
BEST IS STAY ORDER from civil court, if nuisance
Resolution passed by AGM, cannot be set aside by Registrar, and dispute must be filed before Co-operative Court only.
Rajendra K Goyal
(Expert) 16 January 2015
Well advised, agree with the expert VR SHROFF.
Guest
(Expert) 16 January 2015
Decision made in AGM, whether acceptable or not, is binding on the members of the society. You could have lodged a protest or suggested some other suitable solution during the AGM when resolution was moved. You can still move your objection with the request for the consideration of the management/AGM for review and arrive at some other solution that may not affect you.
However, for the present only a stay order from the court can help you.
ajay sethi
(Expert) 16 January 2015
AGm decision passed is binding on all members . you have to move cooperative court against society if you desire to challenge the said resolution
P. Venu
(Expert) 16 January 2015
Is this a Housing Cooperative Society or a Residents' Association?
T. Kalaiselvan, Advocate
(Expert) 19 January 2015
Well advised by experts, you may move the cooperative court for an injunction. The matter could have been resolved in the meeting itself.
Dr J C Vashista
(Expert) 22 January 2015
Reply the question raised by expert Mr. P Venu for proper appreciation and advise since both situations are different vis-a-vis their reply,, opinion and advise shall differ.
