Society not registered for 15 years.
Vinod Srivastav
(Querist) 25 December 2017
This query is : Resolved
I am a resident of a society for the last 24 years in Chennai , Tamil nadu and recently upon checking the http://www.tnreginet.net website i was shocked to see that our society failed to file the returns to the registrar of co-operative society for the last 15 years because of which the society is unregistered as on date,
The current president of our society is still quoting the registration number and collecting maintenance as well from we members.
What action can we take against the current committee members as they have kept the entire 58 flats in dark with reference to the registration of the society ?
Hemant Agarwal
(Expert) 26 December 2017
1. IT seems an innocent mistake of the Society's President. Societies CANNOT be simply de-registered without following due process of law.
2. The returns of previous 15 years (of whatever) can still be filed and the delay condoned by the authorities, by following due process of law.
Keep Smiling .... Hemant Agarwal
Vinod Srivastav
(Querist) 26 December 2017
Definitely not a mistake as the current president in the last fifteen years has been elected 4 times and served the society 10 years out of the fifteen.
P. Venu
(Expert) 26 December 2017
It is not clear whether you want the President to be penalised or that the Society affairs should be conducted in accordance with the extant norms.
Kumar Doab
(Expert) 26 December 2017
Your interest is to register the society and file returns of past years.
Follow the process and procedure that you can inquire from the jurisdictional office known to you.
Sankaranarayanan
(Expert) 26 December 2017
The answer is from the question to be raised before the committee of your society and process to rectify the errors
Vinod Srivastav
(Querist) 26 December 2017
I visited the registrar office in Chennai and he has said that there will penalty charges for all these years and he has put the amount as Rs 1,45,200.
Now the question is why should the society bear these charges as its the fault of the committee bearers who headed the society over the period of fifteen years.
Also the registrar has asked series of documents as well and it would take lot of time and resources to submit those.
The current president is claiming ignorance which is not the case as he was the president 4 times in the last 15 years!
Dr J C Vashista
(Expert) 27 December 2017
@ Accenture HP 1,
1. You have concealed your identity and adopted this name, isn't it? Do not befool the experts.
2. Were you sleeping during last 15 years, was there no AGM, no accounts passed by GBM, no minutes for the period, no activity? Unbelievable statement.
3. However, if there is "some" truth in your statement consult a local lawyer for further proceeding.
Hemant Agarwal
(Expert) 27 December 2017
1. FIRSTLY, the President did not forcefully USURP the post of President. He was chosen President, due to the consent and trust of the General Body members, which includes taking into consideration all the Accounts, Registers & Records of the Society. HENCE all members are EQUALLY responsible for the fate of the Society, for being mute spectators. Law does not provide any relief to the IGNORANTS..
2. SECONDLY, BY paying the penalty and submitting the relevant documents, "IF" things can be regularized, THEN in the overall interest of the Society, it should be done. ELSE forget the concept of a Society.
3. IF at all there is "Vindictive" attitude towards the President, THEN a civil claim can be filed by ANY single member against President (personally) to recover the Penalty amount and any losses caused.
4. Logically, it happens that people monotonously get tired of the same person as President for 15 long years and yearn to dislodge /remove him and take over. THIS is more prevalent in Societies /Associations. Wonder WHAT is it in this case ? ? ? ?
Keep Smiling .... Hemant Agarwal
M V Gupta
(Expert) 27 December 2017
Generally under the bye laws it is the responsibility of the Secretary of the Society to comply with all legal requirement such as filing of the annual returns with Registrar of Coop Societies. Any failure to do so the entire MC will be responsible.. Discuss the matter with the secretary and the president and take corrective action. immediately. If any penalty is levied for the default, the Society will be responsible..
vswaminathan
(Expert) 28 December 2017
OFFHAND
Going by the title / head, it is misleading; for, as per the facts further revealed by the querist himself, the grievance is about the failure to have the housing 'society's' final accounts filed with the 'registrar' .
Some other related points of grave relevance but wanting in clarity are: 1). is it a duly formed and registered housing society? 2). if yes, whether registered under the TN Act 30 of 1983) as envisaged in the TN Apartment Ownership Act, 1994 (Act VII of 1995) (< rw the Rules framed there-under of 1997).
For what one personally knows,- so also is the common knowledge to be gathered from the information in public domain-, TN is one of the states in which the mandates of the governing law (s) have, by and large, never been taken too seriously to be complied with /implemented.
The querist will be better advised to act, in consultation with an eminent lawyer , in field practice, who is expected to have a first hand knowledge / grip of the governing law (s), besides of the 'realities of life' in that state.
Cross refer (and go through, among others, for useful clues of guidance) : Published Article (a Critique), titled "OWN AN APARTMENT IN CHENNAI ? "- (2003) 3 MLJ pg. 5 (Also, (2003) (4) KLJ pg.1; and (2005) (5) KLJ pg.1).
For recent Inputs - refer the Posts on FB/ Linkedin
ADMN: Suggest that, in future, for the sake of good order, more so with a view to saving the otherwise valuable time and energy of, -not to display such queries eliciting a reply from - your EXPERTS' Group in active practice, without the personal identity (min. name) and the brief back ground facts, as expected of !
vswaminathan
(Expert) 28 December 2017
RIDER
For ready reference (easy READ):
http://www.firstpost.com/india/tamil-nadu-real-estate-series-part-4-rampant-construction-make-realtors-richer-as-water-table-goes-poorer-3938401.html
ab EXTRA > https://www.google.co.in/search?dcr=0&source=hp&ei=WlBEWpiiG4OMvQTdmq2wAQ&q=housing+co-operative+housing+society+rules-+filing+of+audited+final+accounts+with+registrar+-+is+failure+an+offence+&oq=housing+co-operative+housing+society+rules-+filing+of+audited+final+accounts+with+registrar+-+is+failure+an+offence+&gs_l=psy-ab.12...4283.75827.0.78915.123.117.3.0.0.0.498.17656.0j86j8j1j1.97.0..2..0...1.1.64.psy-ab..23.39.7433.6..0j35i39k1j0i67k1j0i131k1j0i10i46k1j46i10k1j0i10k1j0i13k1j0i7i10i30k1j0i7i30k1j0i7i5i30k1j0i5i30k1j33i22i29i30k1.182.Qsep3Wn1GmA
courtesy
