Noni issuing of receipits for payment receiced by co-op. hsg. society
akash
(Querist) 26 February 2012
This query is : Resolved
I am member of co-op. hsg. society in Navi Mumbai, having 2 flats since last 13 years.I opposed various illegal acts by the managing committee. At vengeance, managing committee show caused me for "expulsion from membership", I replied the defamatory allegations in said notice and personally opposed the resolution in special GB meeting, under police protection due to fear to life.Committee passed the resolution in Oct. 2009 and without obtaining necessary approval from the Joint Registrar, Co-op. society, started to use word " ex-member" for me.
I had filed 4 criminal cases against the all 7 members of committee for defamation U/S 499, 500 and 34 IPC. In all the 4 cases process issued by the court against all 7 persons.
I had also filed civil suit for libel, in which recently, temporary injunction granted in my favor for restraining the committee to make defamatory allegation.
In spite of all aboce , the secretary and chairman are not issuing receipts for payments sent through speed post to them from NOV. 2009 to till date. Joint registrar issued 3 reminders to the but they are not following the instructions of joint registrar.
Whether I can file criminal case for non issuing receipts for payments and for not following the orders of Joint registrar, pl. guide me.
Raj Kumar Makkad
(Expert) 26 February 2012
Non issuance of receipts or non reply of joint registrar do not make a criminal case rather these make a strong grounds to dismiss such committee under the Society Rules. Joint Registrar is capable enough to initiate such action and you can get it ensured.
Contempt of court proceeding can also be initiated by you against the society office bearers on that ground.
Shonee Kapoor
(Expert) 26 February 2012
You can send them final notice for giving the same before initiating any action.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
akash
(Querist) 27 February 2012
Thank you, sirs.
I think the act of managing committee falls within definition of "Offences" u/s 146 with punishment section 147 of MCS Act 1960 and rules 1961, which requires prior sanctioning of Registrar u/s 148(3).As per this JMFC shall try the offence. But, now Registrar is silent for giving necessary approval, whereas I had filed my application u/s 148(3). During the pendency of application for approval whether I can approach the court of law or should wait for Registrar's response?
I am unable to get any judgment in the matter of "offences" under MCS Act 1960.
