Maha CHS: High-handedness of MC on redevelopment

This is a piece mailed by a helpless reader who is unable to exercise her democratic rights on the issue of redevelopment process of a Maharashtra based Cooperative Housing Society. Her complaint is not being entertained even by the concerned Registrar of co-operatives and thus we decided to publish her case separately, though she wrote it for out revered columnist Mr IC Naik under the column “Co-op Query”-Editor

(State- Maharshtra; Reg. No.- RGD/PWL/HSG/TC/1446/96-97)

Her words are as follows:

Dear Naik Sir,

Greetings!

This is regarding the unfair practices followed by the managing committee in redevelopment process of our CHS.

We have only 12 flats in our CHS out of which 5 owners stay out of town and are less concerned about any matters in the society.

Currently, redevelopment discussions are going on in our region, but all other CHS are waiting for the new FSI to be declared in around 1 year time. But in our CHS the managing committee (MC) are in unseemly haste to do an MOU with a specific builder.

1) The MC have not called for tenders and have not compared any builders. “If” they have published these tenders in local newspapers, all this has never been brought to my notice as a member.

2) The committee doesn’t accept letters from us so they are not handling any of our objections as well.

3) The MOU brought for the discussion is Not according to redevelopment rules as the Bank Guarantee mentioned is only Rs 15 Lakhs

4) If there is an increase in FSI, it will be shared on 50:50 basis by builder and the society is also mentioned in the MOU.

5) And many such unfair points are in mentioned in the MOU.

Sir, I want a “fair practice” to be followed in the redevelopment process and a strict adherence to the rules of SAFETY.

I have complained against MC to the registrar for ‘other issues’ but he completely ignores it always. So I have lost faith in the registrar now.

Sir what steps should I take to stop the unfair practices in the redevelopment process.

Could I send them an objection letter for the redevelopment process through postal register?

But what if they don’t accept it?

Could I send them a legal notice through a lawyer and approach court directly?

With Regards

Shweta

I C Naik replies

As the CHS was registered in 96-97, one can guess the building may be aged 25 years max. It is imperative that the society has obtained a report from a structural engineer recommending the need for redevelopment.

Shweta is advised to ask the Hon. Secretary in writing a copy of such report. She should mention in the letter that unless the report is positive she will not give her consent neither she will hand over the possession of her flat to the redeveloper.

She should file a complaint on the consumer court that the society is meeting out an unfair treatment to her in not taking her concerns into account while finalizing a redevelopment proposal and the Committee should be given suitable directions to take all my concerns in to account.

As there are only 12 member out of which only 7 are active shoe should endorse copy of her letter to all the other 6 members.

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