Refusing second membership, expulsion
ayan
(Querist) 06 November 2014
This query is : Resolved
Dear Sir,
I am from Kannamwarnagar Vikhroli East CHS staying here for more than 30+years. our housing society has passed two biased resolutions in the AGM Dt.13.07.14
1. refusing to give NOC for bank loan thereby refusing me second membership.
2. Explusion from existing flat after 6 months.
I am very regular in payment of all the maintainence and no dues anything pending from me and NO DUES pending from seller of my neighbouring flat.
No complaints against me or my neighbour since last 30years+
The application for membership with necessary forms, with transfer fees, transfer premium are not accepted by the society.
Society Secretary and Chairman with committee members, with selfish and malafide intentions, have defamed me and my family in AGM with unsubstantiated charges.
Society do not accept any written communication from me/give acknowledgement.
Society do not accept letter sent by me by Speed Post (as letter in person is not accepted)
NOTICE instructing in noticeboard not to send any letter by post by members staying in society, as per resolution passed in committee meeting.
Society do not accept letter sent by Speed post from my neighbour (now staying at other place)
Society inviting me at odd hours at NIGHT on non working days, with non members in office possibly with ill intention. Threatening to stop written communication.
Society sending letter to me by speed post
NOTICE instructing society communication to be done only in MARATHI or HINDI, English communication will not be accepted, as per committee resolution.
Society not accepting communication from me, even when given in person in MARATHI, not accepting when having no choice sent by speed post.
I will appreciate legal expert opinion.
ASHOK
9819397816
Devajyoti Barman
(Expert) 06 November 2014
It appears that Society is not only functioning in arbitrary manner but it as indulging in unlawful acts also.
Do not waste time anymore with the Society.
Lodge complaint with the Registrar of the co operative society who on your complaint will initiate proceeding against them.
ayan
(Querist) 06 November 2014
Respected Mr. Barman,
Appreciate your promptest reply.
May i ask if a legal recourse through co operative court, mumbai is possible for the said resolution.
Is it possible to file a case of defamation against society committee members because a lot of damage to reputation and character of me and my wife in particular in writing in the AGM copy of which i have, a lot of so called complaints are with society which are absolutely false and unsubstantiated charges on me.
Sir, i seek your advise.
Regards.
Ashok Shetty
9819397816
ajay sethi
(Expert) 06 November 2014
the correspondence exchange by you with society , resolutions passed by society have to be gone into . you can move cooperative court against society if they have worngly expelled you
ayan
(Querist) 06 November 2014
Dear Mr. Ajay,
I appreciate your promptest reply.
Sir, they have just passed the resolution ,not expelled yet, just took up the issue of my expulsion in the AGM on 13.07.14. Most importantly they have not informed me about the issue related to me that they are going to take up in the meeting, they have not given me any opportunity to present my case, i was not allowed to speak and keep my stand on the charges against me.
Mr. Ajay, May i take your premission to attach the copy of AGM which i have in pdf, points related to me highlighted in yellow color, may i send it in your gmail.
regards.
ashok shetty
9819397816
Kannamwar Nagar, Vikhroli East, Mumbai 83
ajay sethi
(Expert) 06 November 2014
unless issue is placed on agenda how can resolution be passed by in AGM ?the resolution can be challenged before court as it was not on the agenda of AGm
ayan
(Querist) 06 November 2014
Dear Mr. Ajay,
they have smartly mentioned :
mananiya adhyashanchya parvangine yenaraya itar vishayawar vicharvinimay karun nirnay ghene
(mine topic of refusal of second membership was purposely not mentioned in the agenda in particular so that i become unprepared and they had prepared 4pages of arguments and false and dirty allegations against me and my wife. TOPIC OF EXPULSION was very smartly takeup in the meeting without giving any notice to me or intimation to me and even when i was preparing myself to put up my stand and reply they did not allowed me to speak my viewpoint.
Regards.
ASHOK
Sudhir Kumar, Advocate
(Expert) 07 November 2014
@ Aryan
You have been well advised. There is no point in repeating the same facts. This forum has no mandate to take action against your society.
either you challenge the decisions or abide by them.
Rajendra K Goyal
(Expert) 07 November 2014
Agree with the advice of expert ajay sethi.
Dr J C Vashista
(Expert) 08 November 2014
@Ayan,
You have concealed/mainpulated material information on your query, consult a local lawyer for proper advise and guidance.
Expulsion of a member is to be approved by Registrar Cooperative Societies after serving at least two notices by registered AD by the Managing Committee of the Society, as per previaling law for violating the Bye-laws of the society or rules framed by legislator, which is not required to be passed/ approved in AGM/GBM as stated.
Generally expulsion of a member is for non-payment of maintenance regularly i.e., persistant defaulter and/or working against the interest of society, which is very difficult and cumbersome procedure.
You did not state why did you ask of second membership under which provision of law? The society is right in refusal to grant second membership to existing member, however, challange the order before RCS.
Contact and consult a local lawyer well versed with Maharashtra Cooperative Societies Act/Rules for proper advise and guidance.
I would have helped you if it was a matter/query of Delhi Cooperative Societies Act/Rules.
Sudhir Kumar, Advocate
(Expert) 08 November 2014
for further discussion kindly elaborate what do you mean by "second membership" and whether it is permitted under the constitution of the society.
ayan
(Querist) 09 November 2014
Respected Mr.Sudhir Kumar, Mr.Goyal, Mr. Jaggarao, Dr. Vashista,
Sirs, i respect your comments and appreciate your valuable guidance. Thanks.
T. Kalaiselvan, Advocate
(Expert) 11 November 2014
You may answer the questions raised by expert Dr. Vashista if you need proper and appropriate legal opinion to your query.
