I’m a registered member of SHANTINATH TOWER CO.OP.HSG. SOC.LTD. regd no. TNA(TNA)HSG./TC/13166 OF 2001-02 DT.14.12.2001.
I had filed a complaint against the managing committee for not holding elections and the Deputy Registrar has appointed an authorised officer for the society on 21st Feb 2019.
On inspecting the documents of the society, I’ve found out that the committee was elected in 2011 but had not signed M-20 bonds thereby vacating their positions by legal default in 2011 itself. For the past 8 years, they have been functioning without any legal basis. I’ve also found out that the committee spent Rs. 25000 from the society’s accounts to hire 2 lawyers to fight their case against the showcause notice issued to them under Section 77A on 01/12/2018.
Can the managing committee be made liable to pay the lawyer fees to the society ? If yes, do I have to file application under Section 73(1AB) or request for an inquiry under Section 83?
I C Naik
our society’s Management Committee members have ceased to be in authority as per the circular mentioned below.
If MANAGEMENT COMMITTEE MEMBERS of housing society didn’t file M-20 Indemnity Bond in time, u/s73(1AB) r/w Rule 58A. and MAHARASHTRA Govt. issued GR dated26-11-2013, vide GR.No. CSL-2003/CR-496/15-C, effectively translates in to automatic dismissal, “by legal default”, of all such Mg.Committee members, IF THEIR ELECTION WERE HELD BEFORE SEPTEMBER 2012.
The legal position is absolutely clear and no advocate services could help them. Their decision to defend their disqualification was wrong and it caused loss of Rs 25000 to the Society. In terms of provisions of 731AB the Registrar has to make order on his own or against member’s complaint. The Management Committee members are personally liable to bear Rs 25000. Do not get in to Section 83 Process. Also poit out to the Registrar the provision to disqualify members for six years.
The DR is bound to act on your complaint but that does not happen easily. So go about it with patience. Important is prepare some more members to join you n your pursuit as an alternate Management Committee must be in readiness.