Managing Committee Not following the Bye laws and MCS act 1960

[vicky kulkarni]

R/Sirs

Sir, I am a 75 year old Sr. Citizen Retired residing in Kharghar. The area comes under the Joint Registrar (CIDCO) whose office is presently located at Tower 8, 5th floor CBD Station Complex, CBD Belapur. I am being Harassed by the M.C. of our Society for the last 5 years because of its Unlawful Acts & a sort of Dadagiri!

Please guide me on my pending complaints against the Managing Committee of my society for not following the New Model Laws and MCS Act 1960 and throwing my genuine complaints in the waste paper basket and even then No Cognisance of my complaints was taken by the Joint Registrar.

1. M.C. of 17 members got elected in the year 2016 as our society consists of 336 Residential Members & 88 Commercial Units!

2.As the time passed many members resigned from the committee due personal reasons but mainly due to a sort of Dictatorship and egoistic nature of the Chairman.

3.Now the strength of the MC members is Only 6...much less than the quorum required for the monthly M. C. Meetings.(as per model bye law no. 114.Sr. No. 4 minimum 9 members quorum is required ) for the Monthly Meetings of the M.C. ...Which is not there since last more than1 year.

4.Last year M. C. Conducted AGM of the Society on 25.09.22 but till today, failed to prepare and display neither the Draft MOM of the AGM nor the Final Draft. 

The Financials of the Socieety were also not sent to all the Members alonwith the Notice of AGM to be held on 25.09.2022.The same were sent on Email only 24 hrs before AGM of 25.09.2022.

Even the same repetition is there in the case of AGM held on 30.09.23(Model Bye Law No.108.). Further I was not allowed to talk for more than 2 minutes on the Agendas proposed by MC in the same AGM held on 30.09.2023.

5.In the year 2016-17 -18 The M. C. carried out Major Repairs to all the 10 buildings and 88 shops of the entire society and charged bills on the "Super Built Area ".

When I brought this to the notice of the MC that the same doesn't fit in the "Framework of the Bye laws"the MC didn't take any note of the same and went ahead to issue the bills on "Super Built Up Area "

6.When I objected  to paying the bills charged on the "Super Built Up Area" M. C. started to  harass me like anything taking the Law unlawfully in hand ! My entire family was prohibited from using the Back Gate entrance for 18 months by denying my Biometric Registration and other many more unlawful acts by "Dadagiri ". So for 18 months Me & My Family was to walk a distance of 400 Mtrs. on every occasion. 

Finally after my lonely fight M.C. had to Refund an amount of Rs.25 Lakhs to the Shop Owners!

7.When by giving 3 reminders I in writing demanded for the Inspection of the Documents of the "Major Repairs " my request was also turned down.

8.Not only this, the M. C. denied to Hand Over Documents to the Special Officer appointed by the Joint Registrar  even after 10 hearings held before the Joint Registrar and orders issued by the then Joint Registrar.

9. As per Bye Law No. 157(A. Sr. no. 3) M. C. is not allowed go Spend more than Rs. 1lakh. If the expense exceeds Rs. 1lakh, then in that case sanction of the SGBM / AGM is must!

However the M. C. has spent more than +Rs. 7 lakh amount on various works crossing the limit of Rs. 1lakh without prior sanction of SGBM /AGM.

10. As per Bye Law compulsory Collection of "Cultural Fund "from the members is not permitted, however the M. C. compulsorily and Unlawfully collecting from  Members Rs. 600/-per annum and spending huge amounts on the Cultural Activities like Xmas & New year celebrations.

I doubt that the M. C. has Managed the Joint Registrar..as No Severe or Penal action is taken against the M. C. In spite of doing all such Unlawful Acts. s8nce even after conducting 11 hearing the Joint Registrar has not taken any stern action against the M.C.

11.The Chairman has himself carried out Illegal work of Amalgamation of his 2 flats and also erected an Unauthorized Shed at Common Terrace above his 2flats under the pretext of Leakages from Terrace above his Flat, without taking any sanctions from the competent authorities.

Sirs, I have been fighting for the last more than 5 years... But No severe action / penal action is taken by the Joint Registrar! I doubt that the MC must have Managed the Joint Registrar's office staff. Even communicating the above facts to the  Commissioner co-operative, Minister Co-operation did not give me any relief.

Further  I am of the opinion that there is no point in filing a case in the co operative court since it's a time consuming process. 

Now the Election Officer has called for the details of Members to conduct the Elections! I also want that the Elections should be withheld till the stern action against the M.C. is taken and;

1. Administrator to be appointed.

2. The M.C. should be dissolved immediately.

3. The entire M.C. Members shall be Debarred from Contesting Elections for the next 7 years(5 + 2 Years grace period granted due to the Covid -19 pandemic)

Sir please guide me properly!You can also suggest a Reputed and Knowledgeable Advocate from Navi Mumbai Area  who  deals  in Co operative society matters and can represent my case strongly.

Expecting early guidance from you!

With Regards,

Kulkarni (98705 37774)