Milind Gavkar
Thanks for your informative post in the forum.
Our flat is in the name of my mother. It is on the land of MHADA ( leased for 99 years.), Mumbai.We have been expelled from the society without following proper procedure .
One of the reason being we had taken internet box from reliance from Feb-08 to Nov-08 ( 10 months) as we wanted to have internet/phone. We were paying for bills. But since the electricity of box was taken from our meter and it was mounted on our outside wall, Reliance communication had paid us (500 +500) per month for ten months. Based on this co-op court has held us guilty of doing illegal commercial activity.
We are not defaulter in payment so far. Also there has been encroachment on ground floor of which chairman, treasurer and one of the committee member is part of. We have been harassed because we ( 9 out of 30) have not given consent to illegal redevelopment proposal. Since I have been active in opposing thru legal and peaceful process, they are coming with all sort of ways.,
Society went ahead in year 2010 to file suit co-operative court in apr as we were out of town in Mar-July-2010 and got ex-parte order. We came to know about it late, so could not appeal. Anyway we decided to pay fine as per the co-operative order dated oct-2012 around Jan-2013. They had initiated the expulsion in 2011 June before even result from Co-op court, Citing we had installed internet box without permission from society.
It was then referred to Dy-REG in mar-2013. He ordered the approval saying “Since co-operative court has ordered you to pay due to illegally installing internet box. “ We have breached the bye-laws and thus approving “Expulsion”.
BTW, we are opposing re-development process which is non-transparent and not followed proper process of getting quotation /discussion, video shooting of meeting etc. IT had happened in year 2007.
My point is
We have 30 members. The initial action to propose expulsion was taken in june-2011 by 18/30 members who were present. I found one of the signature manipulated (that member had acknowledged that and mentioned she had not attended the meeting for years). 2 of the member had their son on committee, in spite that they attended the meeting and voted against us. In the same meeting their son had seconded the proposal of expulsion.
Is not the 2/3 quorum required for AGM/SGM. There was no quorum in the meeting since last 5-6 years. They manipulate it by taking same meeting after ½ hour. It seems the attendance is manipulated after the meetings. And in spite of mentioning and circular dated 3-jan-2009, they are not video shooting the meetings.
As per section 35, it needs 3/4th of the votes of member present. Since it is important decision, this is helping committee to harass members who are genuinely opposing their re-development proposal. Is Quorum required for this kind of meeting? It was approved by 12/12 members. But I have figured one of the person is not even member.
The letter sent to us informing expulsion was not received as we were out of town.
It was posted on 2-5-2011 for meeting on 6-5-2011. It was returned to sender probably by 9 or 10 may as per the posting policy of holding the mail for 7 days after intimation.) Does that mean they had given as one month of notice?
I would appreciate your expert opinion and advice for the above points. The committee is harassing us like anything. And they want us to get us out of residence where we have been staying for last 40+ years.
I C Naik
You have to go to High court with writ as courts below seem to be with office bearers. For harassment of this magnitude, drastic legal actions need to be taken expeditiously. Act fast if you are not wrong.