I have rented my flat in a CHS which is recently formed. My visits to the building since OC was given has been once in six months. Always a particular persons car was found parked in my agreement registered basement car parking. I even called the gentlemen whose car was parked late in the nights to remove the car, but he would park it back as soon as I left. Soon the CHS was formed and registered an this gentleman became the secretary of the provisional Committee.
Even then the parking was not stopped and I was now asked to get parking sticker, which as a right thinking person, I requested. I was first told that since you have rented the flat you will not be allowed to park, even a resolution to that effect was tried. Then the gentleman along with others told me that I need to pay them If I have to use my parking. Soon they informed the watchman to stop my entry into society, which the watchman did at their behest.
I wrote to society that this is illegal and they cannot stop me from entering society and I informed them that I will take police help next time I am stopped. Soon they started troubling my tenant and he asked me to come to society to help him, I along with my small daughter who happened to be in my car at that time tried to enter the society, as decided I was denied entry in my own building. Leaving the car at Gate, I rushed to the society office to inquire who has given orders to stop me from entering the building, there about 10 persons were waiting and they assaulted, abused and insulted me to an extend of my admittance for one day in Bhagwati Hospital. Left with no option I approached the police with my complaints including extortion. Police wrote an NC under pressures best known to them and then I had to approach court and get an order under 156(3) through which Police was asked to investigate the matter.
Meantime this smart gentlemen and his co. started canvassing and defaming me for my expulsion from the society.
Being thoroughly soured by the behavior of the provisional Managing Committee and no assistance from other members probably due to not really staying in the building, I sold the flat. Now Since No NOC is required for sale I was at peace, but due to buyer taking a loan, the bank wanted one letter from society, which they held saying that I should take back the case against the accused only then this letter will be issued. The loan to buyer will not be sanctioned without it.
I approached the registrar the registrar and to my surprise a strict letter was issued by the deputy registrar to the CHS to not act as hindrance in the transfer of flat and issue the letter in bank required format, else action will be taken by the registrar.
The provisional Managing Committee chose to ignore that too.
Some details
1. The MC took office in Jan 2009
2. The MC signed the M20 Bonds but not within 15 days of assuming office.
3. They included my name in the AGM agenda about action society must take against members like me claiming I assaulted them. Whereas Bye laws is very clear in the section business to be conducted in AGM. This assault etc is strictly no matter under the MCS act, but under police. This was done to garner support and finance their personal criminal cases to society account.
4. Just before AGM, I sent the facts of the case as above to all members and many came to support me but want to remain unseen as is the case in Mumbai.
5. After the members created a issue and questioned the gentlemen why he was all this while portraying wrong image of me, they cancelled the AGM out of fear stating in the notice that due to police case against Managing Committee they cannot hold AGM, whereas the fact is that 4 of the MC of 11 members are only involved in case, since these 4 were only involved in illegal acts, How did they cancel the AGM?
6. Now they have again called AGM on 14th Nov 2009, which is the last date as per registrars extension on AGM.
I request all right thinking members to please guide me here and also to ensure that no other person has to face such ignominy due to assumed powers of the office bearers and the Managing Committee.
In fact with such experience, it feels that society and it MC have started to feel that CHS is becoming a separate state within India and they like the parliament have got powers to make law, punish and enforce discipline on their subjects. Only difference is that India is a democratic country, but the rules in society becomes like a Talibanised aimed solely to take away freedom from the general members and vest as much discretionary power as possible with office bearers.
This is further strengthened with Police not getting involved saying its society matter unless someone dies or has limbs or head broken, they also keep advocating things like take permission from Society, then you will not have such problems etc, totally oblivious of the fact that society registered under MCS act can only act as per it and not become Judicial authority, Police authority, Municipal authority, tax authority, stamp and registrar authority and any other they may assume to be deemed fit.
Whereas in a flat owner CHS, the sole purpose of society is to provide service to the members and keep records, call meetings and hold elections as required by the registrar. They need to solely focus on the matter of providing quality service to the members at the least possible cost, which is seldom the case.
How to bring about and distribute this knowledge and save almost all CHS from continuous power struggle, needless to mention the financial issues/misappropriations/commissions from doodhwala to lift maintenance contractors that are so tempting specially in large societies.
Regret the long post, which incidentally is the my first on this platform, I hope to receive support and solutions to go forward.
Best wishes to all
Mohit
