Expelled without GBM: Tale of Saikat Chatterjee

I am Saikat Kumar Chatterjee, member and resident of PETS Housing Co-operative Society (Regn. no. 401/93-94), City Centre, Durgapur, Pashchim Burdwan, West Bengal, since 1994.

Society took a resolution of expelling me from my membership in 2015 u/s 133 of WBCS Rules 2011 mainly for non payment of monthly maintenance, electricity and water charges without a break for three months, however in 2016 my expulsion was disapproved by Hon’ble RCS. The concluding order is attached herewith.

I was unable to pay the monthly charges in time because of my ongoing extreme financial constraints.

During the period of my expulsion society was not displaying any monthly demand notice in my name, so I started to pay an average amount to the Society’s bank account through net banking. Total an amount of Rs 71,842/- was deposited to society’s account, which Hon’ble RCS directed to reconcile.

Meanwhile Society did an ex-parte reconciliation and raised a wrong demand of Rs. 4,800/- which I have not paid. Since 2016 I have been writing to the Society for reconciliation in my presence and with records.

Again in 2018 the same board for the 2nd time Society has taken a resolution to expel me from my membership for non payment of dues, prejudicial activities detrimental to the society and violated lawful decision of the board despite warning. The board within a term of 05 (five) has expelled me twice.

In my opinion the present expulsion are illegal, since the matter was not discussed in GM.

All necessary documents have been attached here with reference to my 2nd expulsion for your kind perusal and advice.

Please provide in details the procedure of expulsion to be followed by a co-operative housing.

There are few additional points to bring to your kind notice :

1) I have filed two court cases a) Criminal defamation (u/s 500 of IPC) in 2014 against Mr. Alok Roy, the then Secretary, present treasurer for allegedly calling me a thief for stealing two CFL lamps in 2010 b) Criminal intimidation (u/s 506 of IPC) against Mr. Tarun Kanti De, Secretary, for intimidating, harassing, victimizing since 2015.The present Secretary has also filed a court case against me for u/s 506 of IPC.

2) We are total 17 members in our building, the Secretary cleverly has got signature on a memorandum from all 15 members which is against me. Mr Tarun Kanti De the present Secretary is a very harmful person.

3) Can you provide me case studies related to expulsion in RCS office / tribunal / high court.

4) Is expulsion possible under prejudicial activities detrimental to the society and violated lawful decision of the board despite warning. Both the issues in my opinion is vague, can you please provide examples of prejudicial activities detrimental to the society and violation of lawful decision of the board despite warning.

5) No supporting documents proving the alleged complaints was attached with show cause letter.

6) Society does not allow to inspect Society’s documents, there is no transparency.

7) Society has not joint membership with my wife.

8) As the expulsion resolution has been taken for 2nd time by the Society will there be a chance for expulsion.

9) Is there any directives from High court on expulsion of membership from Cooperative Housing?

10) Are the members of the Board “PUBLIC SERVANTS” under the meaning of IPC.

I C Naik advises

Every expulsion case is unique.

Without giving you an opportunity to defend yourself in the general body, member’s expulsion will be not be approved by the Registrar. If you can prove your innocence you do not worry.

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