Pimpri: High-handedness of a Housing Co-op Chairman

This mail landed at the desk of Indian Cooperative in co-op query section. The sender is so scared of the Chairman of a co-op housing society that he did not give his name. He, however sent all the details of the CHS which can help one pinpoint the man in question. It is a story of how a Chairman in connivance with a local Councilor unleash a reign of terror. Will the concerned authority please take not?-Editor 

Query of Unknown

I am from Pimpri. Society Register No. Sr.No.113/4B/1/34 & 5 Rahtani, Pimpri, Pune.

I wanted to know about the Chairman’s role in the society. Our Chairman is harassing all members from last 15yrs. Whenever other committee is elected he begins harassing them such way that they give resignation on the spot without taking any meeting.

He is torturing, exploiting and uses abusive languages individually targeting members. One family has also filed police case on him. He is not giving the details of books of accounts. Not showing Bank statements.

In our society four illegal unauthorised flats are there because of which three wings did not get the completion letter. And from unauthorized flat, there is one flat owner who is a friend of our areas Councilor. The Chairman and this flat owner, taking advantage of this, are harassing us threatening and intimidating members in the society.

If one opposes the rules made by them they warn–don’t mess with us. The Chairman in the AGM meeting tells I will resign from the post and individually telling members not to elect the other member.

Every member from the society are scared of him. If we try to file a consumer court case some members are not supporting.

Sir please help us what action should be taken against him.

I C Naik

Cooperative society is under ultimate control of its members.  Members on the Managing committee are elected by the society’s members. If the members tolerate nuisance caused by the managing committee or by its individual members or by office bearers who will stop them?  If they make default of any legal requirements or they bring losses to the society they can be prosecuted, provided the members or Auditors file complaints. In specific situations the Auditors are duty bound to file an FIR against such person as provided under Section 81(5B) Provisos reproduced below:

Provided that, where the auditor has come to a conclusion in his audit report that any person is guilty of any offence relating to the accounts or any other offences, he shall file a specific report to the Registrar within a period of fifteen days from the date of submission of his audit report. The Auditor concerned shall, after obtaining written permission of the Registrar, file a First Information Report of the offence. The auditor who fails to file First Information Report, shall be liable for disqualification and his name shall be liable to be removed from the panel of auditors and he shall also be liable to any other action as the Registrar may think fit:

Provided further that, when it is brought to the notice of the Registrar that, the Auditor has failed to initiate action as specified above, the Registrar shall cause a First Information Report to be filed by a person authorised by him in that behalf:

Provided also that, on conclusion of his audit, if the auditor finds that there are apparent instances of financial irregularities resulting into losses to the society caused by any member of the committee or officers of the society or by any other person, then he shall prepare a Special Report and submit the same to the Registrar along with his audit report. Failure to file such Special Report, would amount to negligence in the duties of the auditor and he shall be liable for disqualification for appointment as an auditor or any other action, as the Registrar may think fit.”.

But who will bell the Cat?

You have raised a serious issue of the Chairman are harrasing mmbers giving Dhamkis showing Dadagiri doing gundagardi etc but having done that you want some body who has no stake set the Chairman right and you would not like that you are exposed. How will this happen?

The members have to unite and fight the menace openly…No other solution. Might of the Collective action has to be demonstrated and having shown the courage to disclose your name on the public domain you have already shown willingness to take lead to fight …”So Naree Shakti Zindabaad.”

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