Illegal proposal in AGM to give membership
The Registrar, Housing Society, MHADA has given order dated 17.03.2018 to my Society U/s.23 (2) to accept my membership application and to issue share certificate in my name towards the same.
May I mention here that my Society had earlier challenged The Registrar, Housing Society, MHADA Order U/s.79 (2)(b) dated 11.08.2015 deputing officer to issue the NOC for Home Loan for this flat, and the said Appeal from my Society to Div. Jt. Registrar U/s.152 of the MCS Act was rejected on 29.12.2015 and confirming thereby the above impugned order from Registrar in my favour. Accordingly, my Home Loan got disbursed to the seller of the flat.
I have been fighting this legal battle on membership, spending from my pocket, since 2014 and have been winning all the legal cases till date, all orders in my favour.
In the AGM of the Society held on 12.08.2018 the managing committee informed me that IF I agree to reimburse Society with the legal charges for the cases lost by Society all these years – 2014/2015/2016/2017/2018 THEN the membership will be issued to me ON THE SPOT.
Also, it was informed in the AGM that after I pay for the reimbursement of the legal fees to the Society, I should give in writing an Undertaking that I will not make use of the Minutes of Meeting of this AGM to this effect, for any purpose in future. The legal reimbursement charges to Society was later informed to me orally to be around Rs.70,000/-
Sir, I do not agree to this illegal proposal to execute the Registrar U/s.23(2) order and while I have informed about this illegal proposal to The Registrar for his necessary action, I seek your valuable guidance on future course of action.
I C Naik
Do not bear society’s legal expenses. YOU inform the Registrar about society’s demand which is illegal.