I am member of a co-operative society registered in Mumbai @2017 beginning.
In August 2017, the builder handed over the building to society (OC not being there) & oversaw formation of a managing committee which given to understand will function for one year & after that elections to be carried out in front of representative of Registrar to oversee the election process.
The committee installed in Aug 2017 has hardly done anything to get the ball rolling for getting the election process carried out. Further, At least half of the committee members do not attend the MC meetings.
The decisions are mainly taken by 3 or 4 MC members & at times the decisions are taken in MC & then these 3 /4 members overrule the same privately & issue instructions contrary to decide in MC.
Sir, I have 2 queries:
- A) Whether this MC has legal standing to continue
- B) How such decisions will have bonafide standing if legally challenged.
Most of the members are not bothered & do not attend meetings hence MC thinks they have majority & do not care for opinions of a small no. of members.
We are less than 50 members & there are 7 to 8 as double apartments ( so total 16) who mainly are part of MC. And all of them have done unauthorised construction & encroaching society property/area.
I kmow it is pathetic situation but what to do. Builder has kept us waiting for OC for nearly 9 years now. Some of the MC members are shielding him.
I C Naik
Yours is a Provisional Management Committee holding office to elect regular Management Committee in an Elections conducted in accordance with the Maharashtra Co-operative Societies (Election to Committee) Rules, 2014. This Management Committee has a tenure of one year from the date of election.
For elections to the Management Committee the Act and Rules require Committee to inform the Ward Dy. Registrar and District Deputy Registrar (Sub-Urban District) the fact of expiry of its tenure before 6 months of the last date. This Management Committee has all the powers of normal Committee for one year.
As regards OC the society has to complaint to the District Consumer Court for deficiency in service by the builder to procure OC from Civic Authorities. The society can claim from builder any loss being caused on account of absence of OC.
