Kapil
Appreciate the commendable work you are doing in helping people. I also have a query.
Our society was a newly formed construction in Pune. When almost all construction was completed, there was a conflict with builder of few members of the society.
They stopped builder from entering society and formed a managing committee to manage affairs. This was in 2012. Since then Committee is managing the society in adhoc manner.
No proper builder handover was done. No provisional committee was ever formed. Registrar was never involved. No formal elections ever happened.
In past 3 years
1) Society never maintained any registers.
2) No share certificates issued, no documents maintained.
3) Only receipt books issued to collect money and accounts maintained in a regular notebook. No formal accounting.
4) No audit ever done.
5) Monthly MC meetings, AGM such procedures never followed. Only 2 AGM in 3 years and in these too it was just form of get together. No resolutions passed
6) No AGM approval for larger expenditures. Expenditures more than lakhs done without AGM approval, in fact not even discussed in AGM
7) Members of MC resigned and new members included without any procedure.
Those who run the society now are mentality people and hence they don’t follow any procedures.
We have complained to registrar.
However we get to know that registrar cannot now take over management of society.
The society builder handover, provisional committee of promoters, including non-promoter flats are members, these procedure was never done.
We have about 1.20 crore with builder as one time maintenance. We need to get it in society accounts thru handover.
Under this situation can Registrar call for fresh elections? In Maharashtra there is temporary stay on elections.
In such a situation what are the options left with us?
I C Naik
This is rare of the rarest case wherein people failed to understand the consequences of their conduct with the builder.
The Builder is definitely guilty of hand over failure including illegally holding funds which belong to members.
Committee Members do not seem to be proper persons to run a cooperative and therefore a few well meaning members should move the District Consumer Protection Court against the builder. The Complaint should be deficiency in service as a builder having failed to convene members’ first meeting within three months after registration of housing society and subsequent failure to handover to the Provisional Committee.
