Manipulation of dates in share certificate & nomination form
Sunil S Sakhrani
(Querist) 07 July 2012
This query is : Resolved
Dear Sir,
I had submitted Share transfer documents and nomination form to the society in June 2010 as my father expired and he had nominated my mother.
Though the society gave us the share transfer certificate in December 2010 after several follow ups however on records they showed that the share transfer took place in July 2010. Similarly, the nomination form was submitted along with the Share certificate but the Secretary told us that since it is not proper, we had to submit another one and the old one would be given back. Later the old one was taken into consideration that too of the same date as of share transfer date and was handed over to us in September 2011 i.e; after 15 months. When we submitted the second one, the same was projected as invoked although there was nothing wrong with the first one.
I would like to know that when and by what period after submitting the Share transfer documents to the society, they are supposed to give return us the acknowledged one? Also can they do such manipulation of dates and handover the same at a much late date.
Secondly,if the member pays any dues late to the society, the society charges Delayed Payment Charge(DPC) of 18% per annum. I would like to know what if the society charges the members towards any fund and does not carry that particular work in time for which the funds were collected like in our case the society has charged all the members of the society Rs.5000/- towards the Staircase repair work in Feb 2010 and the work has only recently started after a span of more than 2 years. Even the members are loosing interest on the same.
Would appreciate your revert in this regard.
Regards,
Sunil Sakhrani
ajay sethi
(Expert) 07 July 2012
society will not start work unless majority of members pay . if society starts work and members refuse to pay then society will be in finacial trouble .
please note that society is for benefit of members and itis not run for making a profit .
interest of 18%pa is reasonable . society can charge uptop 21%interest for delayed payment .
society is bound to give share transfer within reasonable period . period of 5 months taken by society for handing over share transfer certifcate is too much . raise the issue in AGM
Sunil S Sakhrani
(Querist) 07 July 2012
Dear Sir,
Thanks for your reply.
When i asked them about the date issue, they were claiming that since other members signature was required, the same was delayed as the share certificate is being signed by the Secretary, Chairman and the Treasurer and infact the secretary was asking us what is wrong from legal point of view if the date has been put of earlier date?
I even raised this issue to the Chairman through a written letter but we did not received any reply from the society.
Sir, our society had carried repairs of the terrace and plastering and painting of the building and each member were charged Rs.62000/- towards the same. But the work done on the terrace was shoddy and failed to stop leakages and seepages rather it spoiled the false ceiling and walls of our flat causing the ceiling to fell down and the leakages increased than ever before. We had to carry repairs in the flat twice due to this. Now the society has started the work of roof shading putting additional load of Rs.45,000/- per member since top floor members are facing lot of issues with regards to the leakages including us. Many members are not in favour since everybody has to pay the additional amount for the same issue due to the failure of the work done earlier done by the contractor. Can the society do such things?
We have faced lot of issues causing mental agony to me and my mother being a Senior citizen with regards to the share transfer on time, non-redressal of leakage issues causing damages to the flat and various other things. The society has taken action but only after the damages took place to a greater extent and that too very late after making several requests and reminders.
Even the registrar has sent them a notice and in reply the society replied that they are willing to carry the repairs in our flat but failed to do so. Finally we had to carry the works at our cost and the bill which we submitted was supposed to be settled by the society however even that has not been done since last 2 months. They are claiming that only the plastering of the ceiling would be paid since it is in the scope of the society however they won't be paying anything towards False ceiling and the painting being a beautification part. The society and the contractor are also claiming that while carrying out the repairs on the terrace and incase any damage happens to any object for instance water dripping takes place and goes into a TV set or any object they are not responsible for it which is absolutely non-sense.
I understand as per the bye laws, the society is bound to repair the terrace and the upkeep of the same. Even they are supposed to repair the roof ceiling of the top floor members. What about the walls and painting which got ruined due to leakage from exterior cracks in the building causing leakage and damages to the interiors. Is the society bound to repair the walls and is this covered as per the bye laws for top floor members?
ajay sethi
(Expert) 08 July 2012
if there are leakages from external walls society is supposed to do crack filling work and then ewater proofing work . it is your casre that work carried out by contractor was shoddy .
did not the society take 5 years guarntee from contractor . ?
did not society keep retention money of contractor?
generally in all societes wherein work is carried out written contract is entered into after detailed survey . each flat is inspected for leakages . contractor gives quotation and written contract is entered into spcifying if any leakages occur within period of 5 years contractor will repair the same .
ashutosh mishra
(Expert) 08 July 2012
If you are aggrieved by any acts of society
you should have complained it with Assistant
registrar of societies.
Sunil S Sakhrani
(Querist) 09 July 2012
Yes, the retention money is being hold by the society and even the cracks were filled 2-3 times since the final year of guarantee period is still going on however even that has failed to stop the leakages. As mentioned, now the society has started putting up Roof shades on the terrace putting additional load of Rs.45,000/- on each member.
I would like to know if the society is bound to pay for plastering of the walls in addition to the ceiling since the leakage from the exterior walls has caused damages to the interiors and ours is top floor flat. Also since because of their negligence, our false ceiling fell down due to water dripping from the terrace for which we had to redo the false ceiling again in the hall.
Even registrar sent them a notice which did not helped.
