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Rumplestein (Developer)     19 December 2009

Complaint against society chairman

Hi Friends,

I have faced a similar issue.

1) We own a stilt parking,where we have enough space for a 2 wheeler and 4 wheeler.
2) One of our rented neighbour requested for parking his 4 wheeler for few days due to vacancy of space.
3) we allowed him.
4) Chairmain had an argument with him on a personal issue.
5) Few days later, he stopped tenant 's vehicle to enter society.Asked him for a written permission from owner of stilt parking(US).
6) We provided the written permision.
7) He dilly dollied him for a month.
8) Now he says,he cant allow to park his vehicle in the society.
9) We protested.he said we can complaint anywhere we want.
10) We complained to local police station.
11) Hawaldar went to call the chairman.He took few names of senior officers.
12) hawaldar returned to police station.

No action taken on atrocities of chairman.and his goony tactics to threaten continues .....



Learning

 12 Replies

UJAS DHARAMSHI (Corporate Lawyer)     19 December 2009

Hello. The best you can do is call for a general meeting and discuss the topic. Also you can pass a resolution of termination of chairman by passing no-confidence motion by majority. By this it will an official termination of chairman for his prersonal and professional misconduct.

Also you can complaint to the registrar of society where the registrar can initiate action on your written complaint. If you want to go by criminal proceedings and police is reluctant to write a complaint, then go to Magistrate and lodge a complaint with him.

Rumplestein (Developer)     19 December 2009

Sir,

People in our society and indifferent towards scoiety committe..As long as they are not disturbed,no body wants to initiate a no confidence. we are few members in minority whom the chairman is targetting.

This is happening since we have asked for  a meeting of entire society.

We had a written application sent with signatures of 1/5th members for the meeting.But he verbally declared,there would be no meeting.

Thanks for your reply and time

 

Anil Agrawal (Retired)     22 December 2009

 As the Dy. Registrar of your area under RTI to supply you with a copy of indemnity bond filed by each member of the managing committee u/s 73(1AB) OF MCS Act, 1960.

Rumplestein (Developer)     22 December 2009

Have seen a copy of indemnity bond in society office.How does it help.

Anil Agrawal (Retired)     22 December 2009

 Was it filed within 15 days of Committee taking over?

Rumplestein (Developer)     22 December 2009

does 15 days clause matter in such case.The society may cook up a document reflecting 15 days clause?

Anil Agrawal (Retired)     22 December 2009

 Let them try cooking up and then see the fun. First thing first. Have they filed the bond within the stipulated period. If not, let me know.

AMAR RANU (Legal consultancy)     02 January 2010

You can not rent or lease out, whether free or not,your stilt parking area to any member without the prior written permission of the mamnaging committee.

First seek written permission from the committee.

If the committee does not respond within 15 days,approach the society registrar for a legal remedy.

Always read M.C.S.Act,1960,Rules, 1961 ans approved bye laws of your society before acting or reacting to the available situation in the society.

Amar Ranu

V. VASUDEVAN (LEGAL COUNSEL)     03 January 2010

 Letting a stilt parking which is allotted to you, to a neighbour  is not within the purview of a member. While allotting the stilt parking, certain conditions for own use are laid down

in the letter of allotment. Please check your letter of allotment. While accommodating a neighbour's vehicle could be done on mutual basis, once the matter becomes a friction

it is difficult to resolve. Please check the letter of allotment and proceed in accordance

with the terms. Generally liberty for sub-letting is not provided for and even if it is for no consideration, it amounts to letting out

Jennifer Furtado (Assistant Manger -Quality )     03 March 2010

Hi

The society I live in is in a big mess . The chairman & the seceratary have combined 4 garages and have stated using it as a madarasa and local mosque .The elecity & water is used from the building connection for which the members are paying .During Ramzan & Id the slaughter goats (more than 100) and the goats all belong to outsiders .

There is only one general body meeting a year.all desicions taken are without consulting the members

Please advice how to change the exsisting commitee members .

Anil Agrawal (Retired)     03 March 2010

1. Is it a coop hsg society regd under Mah Coop Societies Act, 1960.

2. Have the member of the Mg. Committee filed Indemnity Bond within 15 days of their election. If not, Dy. Registrar can take action to dismiss the Mg. Committee.

3. The society cannot be converted into a slaughter house.

4. Make a complaint to the Dy. Registrar of your Ward.

Jennifer Furtado (Assistant Manger -Quality )     03 March 2010

 yes it is a co op hgs society .They have not filed indemnity bonds .How do I meet the Dy. registrar 

I have made 3 or 4 complins but the dy.registrar does not reply .

how do we stop the madrasa as it is a illegal sturcture in the building compound .


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