I have been staying in Florida Estate, Pune for last 20 years. I had been the member of MC for last tenure. Now the present MC is diffusing the legal cases against Builder who has handed over 41000 sq. meters as against 49000 sq. meters as per the sale agreement. I have procured a rewarding judgement from Revenue Minister where Builder is in fix.
Now during the meetings I am not allowed to present my point of view on legal issues. So I have floated a mail on my observations made during meeting, to all Society members about the issues.
Based on this mail MC has issued me show cause notice. I simply explained that this is my observation and there cannot be any notice or show cause on someone’s observations. MC states that they are not satisfied with my explanation and they have called a special meeting for expulsion under MCS Act 35.
Please advise what should I do?
I C Naik
THE MANAGEMENT COMMITTEE of Your Housing Society has issued a show cause Notice to you. Is the Show Cause Notice an Order of the Management Committee? It is a letter to a member stating facts amounting to breach of some bye-laws. The Notice must narrate action of the member which amounted to breach of Bye-law No? What punishment has been prescribed by general body of members and there after it asks a member to show cause why the penalty as described should not be levied?
It is not possible to guess if a correct Show Cause Notice has been issued? It has to be verified if the Management Committee has power under the Act or bye-laws to issue show cause Notice. It is quite common that management of Housing Society assumes that they have power to do everything and take any action against members for anything members do which the Management Committee is not happy about. If you have CONCRETE facts about VIOLATIONS by the Management Committee give the Hon. Secretary a show cause Notice as to why you should not file a law suit against the Society?
