Vinayak Mahamunkar
We have a Link Palace cooperative Housing Society at Malad West, Mumbai.(Maharashtra) Every year the Accounts of our society had been audited by the certified auditors .They have made many observations and pointed out many irregularities in the accounts since last 7 to 8 years. Inspite of repeated directions in the General Body, the Secretary of the society has failed to submit the compliance reports in O Form to the Dy.Registrar.P-Ward. The Office of The Dy.Registrar have not also sent any letters demanding the compliance reports. So I approached the Dy.Registrar giving all the details and requested for enquiry. However, the Dy Registrar have not done anything.Even the complaint was made to the Commissioner and Registrar,M.S.Pune and Dist.Dy.Registrar, (4),Dadar.Mumbai requesting to enquire in the matter and take suitable action.Till to day no action has been taken by any authorities so far.
Secondly It is learnt that there is a Cooperative Audit Section to deal with such type of complaints. I do not know where the office is situated? Can that office will take action if I complaint to that office?
The Secretary of our Hsg.Society is looking after the societies work since last more than 12 years, however, he does not knowthe provisions in Cooperative Act., Rules and byelaws of the society..He is unable to give reply in the General Body Meeting..He is not doing the work according to the Act.Rules and the byelaws.Secondly.The case has been registered against our Secretary at Malad Police Station,CR No.130/12 under section 114,120B,323, 324, 427. 504, & 506 IPC.The case is pending in the Court. The members of the housing society are not taking any interest in the working of the society. What to do? Can Secretary work continuously for more than 12 years? Whether he can continue at that post even though he had been arrested in the case? Is there any provision mentioned in the Co-op.Law or any other laws ?.
I C Naik
If No members of the Society takes interest in the affairs of the management you have to put up with whoever takes interest and in whatever way he manages. He does not have knowledge of law does not disqualify him. As long as he complies with bye laws no one should worry unless he is prepared to take the responsibility. You write a letter to all members as to what is wrong in the present management and how you would correct it if you were made Secretary.