By I C Naik
Office bearers and a few committee members of a Cooperative Housing Society on Peddar Road, in Mumbai are reportedly on the verge of facing prosecution for an alleged case of cheating, breach of trust and forgery.
The Gamdevi police is reportedly set to register an offence against the office-bearers of one of the high-rises in posh locality Peddar Road namely Mount Unique Cooperative Housing Society on Peddar Road, in an alleged case of cheating, breach of trust and forgery.
One of its members Samir Savjani, had filed a written complaint to the police in October 2013, alleging that the officer-bearers had deleted his name from the share certificate. He has named 14 society members, including chairman Amol Kapadia, secretary Kamlesh Gupta and treasurer Rameshchandra Mehta, and alleged cheating, breach of trust, misappropriation of property and forgery.
Savjani’s complaint read: “…It was alleged by Samir ” these people have individually and/or collectively colluded and connived with each other and with malafide intention conspired to usurp my rights and cheat me of my property.”
Reportedly, Samir’s father, B Savjani, had bought a flat in 1977 in this society. In 2005, five share certificates of the flat were transferred in 4 names of (i) Samir, his brother (ii) Jagesh (iii) another brother Amish and their mother (iv) Pushpa. Samir was at a loss to understand why on July 28, 2013 a duplicate share certificate was issued deleting all male members’ names.
The Senior inspector Rajaram Prabhu confirmed that office bearers will be booked shortly in this regard before the Bombay high court on Tuesday the 17th December.A division bench of justices PV Hardas and PV Deshmukh had summoned Prabhu while hearing a petition by Samir Savjani, in this matter.
Additional public prosecutor Hitendra Dedhia assured the HC that the police have recorded Savjani’s statement and will take the necessary steps expeditiously.
Savjani had approached the HC as the police had not taken any action on his complaint. After Prabhu’s statement in court, Savjani withdrew his petition.
Curiously as regards issue of duplicate “share certificate” housing societies’ law is silent except that as per Bye Law No 141(xxiii) Applications for duplicate share certificates are to be retained on records of the society. Member can ask for a copy of the share Certificate paying one Rupee as copying fees as per Bye Law No 171(6) It may be interesting for the police to verify this application as to who made such request?
The Proposed Model Bye Laws 2013 has inserted Bye Law No 9B reading as under.
“The committee of the society shall issue a duplicate share certificate, on application, to its members on production of following documents –
1. If the share certificate is lost – the copy of Police Complaint lodged and affidavit.
2. If the share Certificate soiled/ burnt/ torn / mis-figured etc- affidavit along with the original share certificate.”
But this will be of help only after the Model is approved and housing societies register the same after going through the Bye Laws amendment procedure.