Query from Sankara Narayan Laxminarain

I am a chartered accountant in practice. I have following grievances on which I have already made applications to the deputy registrar, MHADA, with RTI Act. The hearing is in progress. I would like to know whether the actions taken by the Committee are as per bye-law or as per the provisions of the MCS Act.

  1. a) Whether fixing an air conditioner in the chowk area outside my toilet, which is adjacent to neighbor’s toilet infringes either
  1. i) bye-law no. 169 which imposes penalties for encroachment of open space?
  1. ii) which bye-law or section of the MCS Act on a complaint received by the adjacent neighbor?
  1. b) Whether the General Body can pass a resolution penalizing the member, without the affected member being present, with hardly few members present at the fag end of the meeting, without the subject matter being put in the agenda, with a fine of Rs. 100.00 per day, in spite the affected member writing to the committee refuting all the allegations of the complainant?
  1. c) Whether committee can refuse to accept subsequent general body’s resolution revoking the penalties on the ground that modifications/cancellation of the earlier resolution cannot be made by passing aresolution on show of hands?
  1. d) Is it correct to assume that if a general body passes a resolution, by wrong means, it will be a ‘deathwarrant’ to the member against whom the general body had passed a resolution?
  1. e) Under such situation what is the remedy to the affected member? Can he not approach the deputyregistrar for remedy? Or should he approach the court only for remedy? Is there any authority to give     immediate relief to the affected member? Can the affected member approach the consumer court for     speedy redressal of complaint and penalty?
  1. f) Is it wrong to approach the deputy registrar for misrepresentation of accounts? This has been going on for four years. In spite of writing to the society and pointing out the mistakes the committee and the auditor, without contradicting the views, decided to pass the accounts in the general body.
  1. g) Sir, ours is a redeveloped society. as per the development agreement the builder has to give the society the corpus amount. Instead, he agreed to reimburse the society all the administrative expenses of the Society. For two years he had kept his promise and reimbursed all the administrative expenses. Hence, the income and expenditure account of the society was debited and credited with equal amount of expenses to show the same has been reimbursed.
  1. h) After two years, the builder refused to reimburse the expenses. The builder was arrested and put in jail by court due to some misappropriation in one of the projects. But still the Society continued to credit the income and expenditure account with expenses to be reimbursed and debit the builder account. As a result the society was showing surplus whereas in actual it was incurring deficit.
  1. i) For the past more than ten years, the Society had never kept the Sinking Fund in a separate fixed deposit account, the reason given by the Committee was that it should take permission from the Registrar for withdrawing from the Sinking Fund. As a result part of the Sinking Fund has been utilized for incurring legal expenses.
  1. j) By transferring the ‘imaginary surplus to Fund Account the Society, as on 31.03.2017, shows Fund of 2.00 crores whereas this fund is supported by only Rs. 18.00 lakhs. Thus the Society continues to    misrepresent the accounts with wrong surplus and wrong funds.

Sir, since I had pointed out all the discrepancies in the accounts, I have been targeted, with the instigation of another member. Please tell me how to go about it in redressing the matter and also in also properly presenting the accounts.

I would be much obliged if you could give me your guidance before the scheduled meeting with the deputy registrar on 16.04.2018.

I C Naik

Can you email a copy of the annual accounts /report  under your attack.

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