Kamat Plaza Co-op Society: Woes of a member

Co-operative Housing SocietyBy Agnelo Pereira

I am Agnelo Pereira, residing at Panaji, Goa in Kamat Plaza Co-operative Housing Society, registered under Goa Co-operative Societies Act 2001 since the year 1997.

My flat was purchased from developer by me with full cash payment, and the developer in addition had collected Rs.12000/-(Twelve Thousand) as Life time Maintenance, which is mentioned in Agreement for Construction and Sale. After the Co-operative society was formed by 135 members, Maintenance and Sinking fund was collected and has been paid regularly by me until 31 December 2008.

I stopped payment from 23 January 2009, after informing Assistant Registrar for Co-operative societies that persistent written request for painting cost and technical details disclosure by society has been denied to me.

I also had obtained information in January 2009 that managing committee had not prepared audit report past two years, i.e. 2006-07, 2007-08, and yet had made a decision to spend Rs.1250000.00 (Twelve Lakhs Fifty Thousand) for painting. I being employed outside the country, was not home between March 2006 and August 2008 and was not aware of the status of functioning of the society. The Assistant Registrar failed to take any action for the whole year of 2009.

I kept on writing to Asst. Registrar, they merely sent letters to the managing committee, managing committee kept on ignoring these letters as the Chairman Adv. Amonkar is a Co-operative Lawyer. I made several reminders in 2010, by now the 2010 audit account also was pending, only in July 2010 did one of the Asst Registrars take note after my threat to approach Vigilance officer, and a show cause notice was issued to managing committee under Adv. Amonkar. Advocate Amonkar did receive the show cause notice and kept it from the knowledge of other committee members, and had prepared his resignation and formation of another managing committee, without proper elective procedure being followed.

I have made aware the members of new committee that show cause notice has been issued due audit reports pending. It took the five more months to prepare the 2006-07, 2007-08, 2008-09 and 2009-10 audit reports. I did the study of these audit reports and made calculations by basing my review on basis of the maintenance and sinking fund charges to be collected in total for periods from 2003-04 to 2009-10, and I found Rs.239000/-( Rs Two Lakhs Thirty Nine Thousand) short in collections. I also noticed OB entries in Receipt column of Receipt Payment sheets. I submitted my study to new managing committee, at first unlawfully formed and then confirmed in AGM of January 2011. In the AGM of January 2011 I also raised issue of non-transparent manner in which major painting expense was done, this is recorded in the minutes.

Subsequent to AGM of January 2011, I submitted to Asst Registrar that Rs.239000/- is seen as missing from funds, and must be enquired in to, Registrar refused to take cognizance. In April 2012 the society referred my unpaid contribution to Arbitration cell of Registrar of Co-operative societies, I submitted that missing monies must be enquired in to when there is proof that audit report was not prepared for three years and major painting expense was taken up, this points to monies misused.

The Arbitration cell referred the case to his Nominee, I submitted to Nominee; that I am prepared to honour my responsibility to pay only if I am satisfied that monies lost are enquired and recovered, otherwise I should not be forced to pay a corrupt entity. The Nominee refused to take on record my submission and passed an order to pay failing which my flat to be auctioned. I appealed at the Co-operative Tribunal and the Tribunal set aside the order of the Nominee and remanded case to Arbitration centre of the Registrar.

The new committee is an overdrive to hide facts of lost monies, the 2010-11 audit report was delayed by thirteen months, the 2012-13 account was delayed by seventeen months and presented only on 15 August 2014., the 2013-14 account is still pending. I made a new study and report based on the audit reports, agian from from 2003-04 to 2012-13(last audit report), and presented the study as an complaint under section 80 of the Civil Procedure code, in this new complaint dated 07 November 2014 I have shown that the Rs.239000/- loss is now widened to Rs.800000/-, and this is the loss of collected Contributions. I have also shown that there is no inkling of economy, efficiency , or value for money operation, as Rs.488887.00 (Rs.Four lakhs Eighty Eight thousand eight hundred and eight seven) has been spent only on repairs of pump and pipes with no visual or technical benefit to society, most of this amount being graft collected from service provider.

I had once in 2001 caught an Secretary of the society presenting false bills, later the plumber had testified in 2002 AGM that this secretary asked or demanded for blank letter heads and prepared bills himself. I have shown in my this fresh complaint that there has been poor increase in Fixed deposit assets even though Rs Seventy one lakhs has been collected past ten years as contributions with actual fixed Deposit investment of Rs.Three Lakhs Thirty Nine Thousand only. I have also alleged that painting done in 2009 is of substandard quality and has destroyed the outlook of the buildings, and specially the interior common spaces(walls) of all ten buildings has become black due no surface preparation done prior painting and then paint applied being mostly thinner which has penetrated the surface and turned black, this is I have alleged akin to destruction of property.

It is One month since I made the fresh complaint of 07 November 2014, and a letter from the Dy.Registrar Technical from Head office was received by me which is addressed to Asst.Registrar to take quick action and report action taken to the head office. Another letter was received from Asst.Registrar asking me to meet him on 15 December 2014 for an ‘amicable solution’, when I attended this meet, the Asst.Registrar and his Co-operative auditor started saying that since audit report is prepared no action can be taken based on my complaint. I argued that audit report itself is evidence of crime, audit report portrays more clearly the misappropriation, since these audit reports are accepted in AGM by committee members and General body, it means it is a legal document that proves the crime, hence the Registrar is bound to act under 76A(2) of the Goa Co-operative Act 2001. I also argued that at least a proper reply to the thirty page complaint must be sent to me, elaborating the reasons why no action is forthcoming. The Asst.Registrar seems to be protecting the managing committee.

Please reply what option is left for me to make the Asst.Registrar act and enquire the society, or can I make an Police complaint, or what precautions I need to adopt in order make my case more full proof, what other courts of justice can I approach in order make the Asst.Registrar to take action and recover lost monies and restore the buildings to their original glory.

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Comment ( 1 )

  1. ISHWER NAIK

    This is a case of competent Authority running away from its duty for which a writ can lie before High Court of the State. It is called a writ of mandamus where the High Court issues orders to the concerned Authority to attend to the duty if convinced that there was a derelection of duty.

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