A A Ghaisas
Short Recital of our case. Society was handed over to us by the developer on 22-04-12. Then we have formed a managing committee, which was nominated (Not Elected).This nominated Managing committee did not work for the betterment of the members , instead they have taken advantage of this position and started pressuring, blackmailing developer for their own good.
There was no communication to the members. They were not ready to even open the Bank account in the name of the society. They were saying that they don’t have money to open the account. Then 40+ members have contributed Rs.100/- each in cash & given them this amount for the purpose of opening bank account in the name of the society. They have neither given the receipt nor opened the account& swallowed the money, on the plea that they have adjusted this amount for the admn expenses they have made from their pocket.
They have never given any accts. In-between; the member ship of managing Committee has come to minority. Still theydid not release their roll & continued the show their upper hand. . Ultimately with pressure from members we have formulated another committee on 17th Fwb-2013 and tried to get it recognized it from Registrar op co-op Hsg Society, with the support of Developer. Developer in his was played his roll, diplomatically & ultimately , an Administrator was appointed effective January, 14.in our society weft 01.01.14.During all the above period the maintenance was collected by Developer only
After this few interested members managed the Administrator and the developer was also in favor of this. They have not paid light bills, water bills, not provided any amounts in education cess inking fund, building repairs. Not taken membership of federation. Thereafter, the administrator’s inning was over by announcing elections. Elections were managed on 18-01-2015 and the present managing committee came in power. The election process was totally illegal. They have allowed the defaulters to fillip nomination forms. Many other erratic things have happened and accordingly this managing committee is in operation from 13-2-15
The resent committee is not transparent. Flat owners ( 209-Members) are also not taking initiative, not attending any call for discussion. More ever 30% flats are given on rent. Currentely Might is right, ham kare so kayada, not bothering to communicate the members the developments, not taken any positive action, not issued share Certificates, not paid service contractors dues, Several complaints like, Lift maintenance, Generator backup, solar water, Parking, internal leakages are over looked. They alwayscome;-“ they don’t have money”. Where as in other way, they are spending money for un-wanted things like 50 Chairs purchased for Rs.50,000/- CC Cameras are installed spending nearly 3 lakhs , Security is not handled properly, Finaly they have called first AGM on 13/09/15. In this meeting, Managing Committee has not given any accts,. About 80 members have participated in the meeting.
They want to raise Maintenance Charges, Increase in Club Maintenance, Interestingly they have not given any accounts , balance sheet, Income & expenditure details etc. even thy are not taking any action against defaulters and around 20’ lakhs are out standing toward maintenance charges, since inception. Finally with great fight, the AGM proceeding have been adjourned. They have asked two months time to get the Accts related issues. In the mean while they are not taking any care of our day today problem. Complaints are not attended. They are in majority (singal panel of 12 members Committee)
We few other serous internal problems, in which they are not taking any decision as a result of which our entrance road is blocked by adjourning society by putting Baricades, and our entry from Prime road is stopped for vehicles. Secondly the develperis not reday to start the club house. Now resolution regarding club house issue is passed at the end. If had been decided early morning there would have been nearly 65 members present They have selected such time at the end that only 18 members were present at last..Accordingly thy are trying to go ahead for getting conveyance thru consumer court for justice. This is especially for those not in favour of starting the club house. This also is due to internal power & ego problem, this is very simple to undersatand that builder is not oing to give Conveyance so easily. It will take much time (5-10 years) to get it. Unless Club house is not opened the barricade issue will also will be hanging We now would like to know from you as to (1) can we bring No confidence motion against the committee “ if yes , ten please advise procedure for the same.(2) what is the other remedy to come out?? (3) Lastly one interesting message has veen posted on what sap by earlier Secretary, which reproduced below:
Ganapati bappa moray Surprising facts noticed now
The dy registrar, Election commissioner and Administrator at the PPL society carelessly or deliberately allowed 5 persons out of total 21 candidates to contest election of PPL society who are not members of the society. The names of non – members contested PPL election are: as follows.(names not disclosed)
Out of 5 non – members 3 have been elevated to the managing committee of PPL. Is it legal or justified?
Will it not create problem when someone challenges authority of the managing committee? Pls think
Accordingly there are 3 members-, secretary ,& two committee members,
Please let us know can we take up this matter thru RTI act and demand illegal election, whereby present managing committee could be dissolved.
I C Naik
Such a state of affairs is on account of indifference of the large number of members to the society management matters. Cooperative society is to be run by members and if large majority leave it to a small minority this will happen.
Forget the past and let 1/5 number of members requisition a General body meeting to discuss election process.
Simultaneously file an election peitition as provided under Rule 78
Election disputes
- Election disputes.—No election shall be called in question, except by an election petition presented to the Co-operative Court as laid down in section 91.