[Resolved]  Co-Operative Housing Society — Misuse of funds by Society

I am staying in Registered Co-op Hsg society. The Society collected a huge amount of money for Repairs and maintenance which included plastering, painting and a portion of the amount was used for doing some work in the Garden. They sent an AGM notice stating that if anyone wants to go through the accounts, then they should give it to the Managing committee in writing.
When the same was done, they sent back a letter stating that they cannot show the accounts, as the member will have to pay an amount as per the byelaw no. 172.

It is strongly suspected that there is something fishy here, and that the accounts are not properly maintained. Under these circumstances, please advise what best action can be taken against the managing committee and whom to approach for this
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Aug 14, 2020
Complaint marked as Resolved 
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Co-op,housing society — Regarding the external plaster work of the society.

Sir/ madam.
I am being living in a Co-op society which is 23 yrs old . in which the society is decided to do plaster of and some renuations.
The society is charging lum-sum Amount of Rs. 3000 PM. I heared that the charges should be as per the Square fute Area of the house. please let me know where this is right or worng way. and which is the right way of charging the Amount.
please Help as early as possible.
Seek information under the Right to Information Act, 2005.
Address it to secretary.
Forward a CC to chairman; Registrar, Maharashtra State Co-operative Socieities; ward officer & if required to the local police station

n/a — Money order misuse

Help Desk,
It is bed experience of transication M/O throught post office, I have singed Rs 1000/- from jaipur vidhyadhar nagar to my father at kerela, (Idukki, Kumily, Chakkupallam )on date 10/07/2009 thats delivered on 13/07/2009, but not recieved by my father and the name and signature on reciept (that i have recieved) was not correct, with inquairy with postmaster and post men They are not agree that particular M/O was not recieved and delivered by there end but in the reciept (acknowledgement) having post office seal.
This is insident that must be solved at your end
Just AGM is not correct,
for transperancy the Managing Committee must every month put the ZEROX of the minutes on the Property Notice-Board, for having to see all member's
PUT genuine idea's for living / clean & decently improve a residence or premise registered co-op society
Continuation of Managing Committee for fourth term by force

In our society, the managing committee never took election for the last 14 years. The committee feels that the new generation is not capable of handling the society matters or development issues of the building. They boast that they have vast experience in the above.
Now, 27 members out of 40 members in the society have asked for dissolution of the committee. Finally with much adu the committee agreed to conduct election. All the committee members are contesting for the seat in new committee.
CAN THE COMMITTEE AFTER RULING THE SOCIETY FOR 14 YEARS ARE ELIGIBLE TO STAND AS A CANDIDATE FOR NEW COMMITTEE.
They are defaulters in many ways. We want this people out of the race in contesting.Kindly advice.
The bye-laws says if you want a copy of any communication/accounts/letters/minutes of meeting from society you have to pay Rs 5/- per copy. But if you want to inspect the same in society office no need for any payment .Just write a letter to the secretary that you want to inspect the required information in presence of any office bearer. They have to show you within a period of 15 days failing which you can approach Dy Registrar. It is your right to see any or all the information you need.
Please refer to the bye-laws of Co-Operative Housing Society Page no. 33 Sr no. 118 and to the MCS Act 1960 page[protected]FF) (e) says: no person shall be eligible for being elected as a member of the committee or co-opted:If the MC member failed to pay the dues within three months after serving of notice in writing, served either by hand delivery or by post (under certificate of posting) demanding the payment of dues.

In the case the defaulter’s notice was served to all the defaulters including the said defaulter who partly paid after 5 months (not within permissible time limit of 3 months) continues to be a defaulter, the said MC member seized to be member of the Managing Committee.

The Hon; Secretary always misguide the General body in the AGM by giving baseless excuses, the intention was to shield the said defaulter saying since no one is willing to join the committee and sometime the MC members don’t attend the meetings .Not following the bye-laws amounts to violation even General Body have no authority amend the bye-laws.


(i) Refer to the order of the Divisional Joint Registrar of the Co- Op Societies, Mumbai Division, Mumbai says that if the MC Member did not execute the necessary bond within the prescribed time limit of 15 days after assuming the charges of the office of the society as required u/s 73 (1AB) of the MCS Act 1960. Even, If the member has executed the bond but after the period of 15 days. Therefore there is violation of mandatory provision of the said Act. Due to this failure of the MC Member to execute the necessary bond in 15 days, for this reason alone he seized to be MC Member of the society. failing which the matter will be escalated you write like this and inform the Dy Registrar for inspection of recprd then he will hve to issue show cause notice and follows other procedure to appoint Adminstrator.
ANy one can stand for election even previous MC Members .But see to it that at the time of fdiling the form they are not defaulter and all dues are cleared even one month rent sholud be cleared
for professional guidance / consultancy regarding Society / Member problems.
Hemant Agarwal ([protected], preferably evenings)
Legal Consultants
email : [protected]@rediffmail.com
(me just 2.5yrs) as hon.sec. painted exterior 1.25lac)
11years ago paing was 1.40lac
on March 28th 2009...after having increasing per flat
Rs.200/-(actually it should be as per sq.feet) on monthly amount)

in Topaz apt(bandra w), a habitually back-biting unfortunite but the hon.chairperson, has illegaly convinced/connived, to remove me, againt genuine job for the society. but now having 'close-door meeting' done
now the same woman is now hon.sec. is spending twice the without tender's ! same the 10year same hon.sec is now as hon.chairman

Now is asking to increasing monthly again in 8 months ?
the society has enough money, but not to squander.
a) expensive tiles~*Rs.62/tile total cost is over 4lac ! my contractor has given estimate Rs.2.8lac.~ *question is why the other remain "cash"
(where Rs.25, 000 would touch-up the cement would be o.k.)
b) want's a gym in 80 sq.ft in a 35 year old building !!
Co-operative housing society Complaints - Builder has not done the proper work in society and also not registered the society what legal action can betaken fastto solve tis problem soon ?
I have contributed a amount for repairing work, but somehow the work was not done, & now I want my money back as i can use for other reasons.

Please advice how can I do that.
To,
The Secretary / Chairman, Date : 18/03/2005.
Om Gangeshwar Krupa CHS Ltd,
Near Panchyat Bawdi, Sarswat Colony,
DOMBIVLI (EAST) 421 201.

UNDER POSTAL CERTIFICATE


Dear Sir,


Reg : Due to Renovation work is going on in the Third Floor Room No.D/35.
Om Gangeshwar Krupa CHS Ltd.Dombivli (East)


Due to renovation work is going on in the 3rd Floor Flat No. D/35 because of crack

developed in my kitchen room roof & Hall room roof . Kindly tell them to owner of the

Flat No D/35 To repair my kitchen room roof, Hall room roof at there cost.& also my

bathroom leakage. This is major Problem please note in the minutes books.


Please kindly do the needful immediately . personally you come & verify the same.

Reply within 7 Days receipt of this latter .



Thanking you,

Yours faithfully,



( H.A.KULKARNI )








SPEED POST


To,
The Secretary / Chairman,
Om Gangeshwar Krupa CHS Ltd,
Near Panchyat Bawdi, Sarswat Colony,
DOMBIVLI (EAST) 421 201.


FROM : H.A.KULKARNI.
D/31, GANGESHWAR KRUPA CHS LTD.
SARSWAT COLONY CHEDDA ROAD,
NEAR PANCHYAT BAWDI
DOMBIVLI ( EAST) 421 201.





































From : Hanamanth A. Kulkarni. Date : 08/09/2009.
D/31, Om Gangeshwar Krupa CHS Ltd.,
Near Panchyat Bawdi, Sarswat Colony,
DOMBIVLI ( EAST) – 421 201.


To,
The Secretary,
Om Gangeshwar Krupa CHS Ltd,
Near Panchyat Bawdi, Sarswat Colony,
DOMBIVLI (EAST) 421 201.


Dear Sir,


Reg : Withdrawal legal letter dated 19/02/2009.


With reference to our discussing about my residence D/31, 2nd floor,
Leakages, ( Bath Room, WC & Balcony ) on Annual General Meeting
held on 9th August’2009. Society will take action about this matter thanks &
oblige . Leakages / cracks will be stop I have no objection. My legal Letter
stand should withdraw / cancelled / ignore.

We are not properly using Bath Room & WC .
If you take action immediately I will highly appreciated and thanks.

Please kindly do the needful immediately . personally you come & verify the same.

Thanking you,

Yours faithfully,



( H.A.KULKARNI )























From : Hanamanth A. Kulkarni. Date : 17/12/2009.
D/31, Om Gangeshwar Krupa CHS Ltd.,
Near Panchyat Bawdi, Sarswat Colony,
DOMBIVLI ( EAST) – 421 201.


To,
The Secretary,
Om Gangeshwar Krupa CHS Ltd,
Near Panchyat Bawdi, Sarswat Colony,
DOMBIVLI (EAST) 421 201.


Dear Sir,


Reg : Leakages / Cracks.


With reference to my several letters & several our discussing about my
residence D/31, 2nd floor, Leakages, ( Bath Room, WC & Balcony )
on Annual General Meeting & Committee meetings but still nothing should
be happed & also as per Annual General Meeting discussing withdraw your legal
Society will take action & write letter to Mr H.R.Devadiga still you have not any signal letter write him why, if you have send letter please give me the copy of that letter.
My bath room & WC wall should be fully Cracks & electricity short secret, wall collapsed society will responsible . and I have already loss of my Ceiling Fan, Type recorder, & Godrej Cup Board and my house hold items approjemetly 45, 000/-
Society will take action about this matter thanks & oblige . Leakages / cracks will be stop I have no objection. My legal Letter
stand should withdraw / cancelled / ignore.

We are not properly using Bath Room & WC .
If you take action immediately I will highly appreciated and thanks.

Please kindly do the needful immediately . personally you come & verify the same.

Thanking you,

Yours faithfully,



( H.A.KULKARNI )














From : Hanamanth A. Kulkarni. Date : 02/02/2010.
D/31, Om Gangeshwar Krupa CHS Ltd.,
Near Panchyat Bawdi, Sarswat Colony,
DOMBIVLI ( EAST) – 421 201.


To,
The Secretary,
Om Gangeshwar Krupa CHS Ltd,
Near Panchyat Bawdi, Sarswat Colony,
DOMBIVLI (EAST) 421 201.


Dear Sir,


Reg : Leakages / Cracks.


Thanks & Oblige take action against my Flat D/31, Leakages not for Cracks.
After completion of Leakages work as per your end but still leakages are there
In WC & Bath Room Wall & One Water Connection is going to Balcony that line also leakage is there . When you are verify I can not under stand what you are saying & What your contractor saying . Other side your contractor is agree & saying leakages is there because of One Water line is going Main Cock Bathroom to WC Line leakage is because of that but he says after I received full & final payment I will do it . Another Pipe line Leakage after owner the Flat/ Society as per there instruction I will do it.

One side Your contractor saying there is no leakages when I ask details he is agree but regarding payment.

Dear,
Secretary / Chairman.

This type of Leakage last Four Years back, after four years Committee Members Seen the Leakages / Cracks. In future this is not happen Please verify & Correct it .

With my knowledge leakage is there please contract any other Civil Contractor Contract let them what they are saying . then you can take action mean time not to pay amount to Contractor.

Cont -- 2--





-- 2 ---

Still I am waiting your reply, in my side all reports are ready along with proof from authorized Society survey Report if time comes I will submit then not to say anything All contribution & Expenses bear by Owner the Falt No. D/35. Please remove the both the pipe line & reconnect the as per Society rules & Regulation & as per Municipal Corporation I have no objection.


And another one is Leakages in Balcony because of Flat No. D/35 they are converting as a Bath Room or something I don’t know verify and remove the Leakages.
and I have already loss of my Ceiling Fan, Type recorder, & Godrej Cup Board and my house hold items approximately 45, 000/- Please inform me when your Monthly Committee Members Meting.
If you take action immediately I will highly appreciated and thanks.


Thanking you,

Yours faithfully,



( H.A.KULKARNI )
Encl : Full & Final Payment receipt from Contractor


















From : Hanamanth A. Kulkarni. Date : 12/01/2010.
D/31, Om Gangeshwar Krupa CHS Ltd.,
Near Panchyat Bawdi, Sarswat Colony,
DOMBIVLI ( EAST) – 421 201.

To,
The Secretary,
Om Gangeshwar Krupa CHS Ltd,
Near Panchyat Bawdi, Sarswat Colony,
DOMBIVLI (EAST) 421 201.

Dear Sir,

Sub : Non Completion of Leakage / Cracks. Of My Flat No.D/31.

With reference to my letters dated 18/03/2005, 15/02/2009 & legal Notice
Dated 19/02/2009. & Legal Notice Withdrawal dated 08/09/2009.and also several times committee meetings & several time visited to my house but nothing should be happen. Please explain the following points.

As per Annual General Meeting held on 9th August’2009. Discuss about
my Flat No. D/31, 2nd Floor. Leakage / Cracks. Committee will decided
1st you have withdrawal the Legal letter & then society will write a letter to
Mr H.R.Devadiga of Flat No. D/35. About Leakage / Cracks created in Flat No. D/31. if he is not ready society will take action against this matter & Leakage / Cracks should be stop.

As per Annual General Meeting decision I will withdraw my letter dated 08/09/2009. But thing is society will not to write a single letter to
Mr H.R.Devadige Flat No. D/35. 3rd Floor, Why ?. I have given his residence address at the time of Annual General Meeting on
9th August’2009. & Special Annual General Meeting held on 20/12/2009.
This time all society members had visited to my house and see the
Leakages / Cracks. This is the major problem & serious matter. and then also not to take any serious action only meeting is going on & quotation Callings.
Two To Three persons quotation received both are Approximately same
Why they are not started the work, I ready to pay as per Society rules .
Cont – 2 .



-- 2 --
Totally I have lot of losses against this leakages about Rs 50, 000/- ( Fifty Thousand Only) Fan, tape Recorder, Grill, & Storage, and mentally tension
that time Mr H.R.Devadiga agree that what ever losses I will pay you,
But he has not pay anything & also he is not answering anything about this matter I had gone to his residence twice time he is saying I don’t know any thing about this matter I had already sold that flat. If you want you can do anything, I don’t now anything of this matter . This type of answers I have received and who is responsibility of my losses . My WC wall is fully Crack & grazer totally stop last More than One Year. If something is happen who is responsibility Electricity supply side water is going on. Please take action immediately . Again I will give you his residence address given below for your reference (Twice Time ) Address : Mr H.R.Devadiga. Janki Co-Op Hsg Soc Ltd., 6th Floor, Room No.604, ‘A’ Wing, Near Mahela Samti School, Thakurli(East) Dombivli-421 201.

If my Leakage / cracks are not stop within a 7 Days after receiving this letter
I will take legal action. And I will not to pay monthly maintenance charges also still my Leakages / cracks should be stop.

Kindly do the need full immediately, to avoid further in conveyance, Ignore this letter if you already take action.

Thanking You,
Yours faithfully,


( Hanamanth A. Kulkarni )
C C To 1)Commissioner of Register of Co-Op Soc, Kalyan,
2) Kalyan/Dombivli Muncipal Coporation ( Health Dept).
3) Federation Co-Op Hsg Sco, Thane.
4) Consumer Court









From : HANAMANTH A.KULKARNI.
Om Gangeshwar Krupa CHS Ltd., Date:
D/31, 2nd Floor, Sarswat Colony, Near Panchyat Bawdi,
DOMBIVLI(EAST) 421 201.
To,
Mr A.V.Makvana
Civil Contractor, Sarswat Colony,
DOMBIVLI (EAST). 421 201.

Sub : Full & Final Receipt against Leakages Of My Flat No.D/31.

Cash Received from Hanamanth A. Kulkarni of Flat No. D/31, the sum of Rupees
500/-/- ( Five Hundred Only) & I have received full & final payment against the repairs works .

Thanking you,
Yours faithfully,


( A.V.MAKVANA)
CC to : Secretary/ chairmen





















From : HANAMANTH A.KULKARNI.
Om Gangeshwar Krupa CHS Ltd., Date:
D/31, 2nd Floor, Sarswat Colony, Near Panchyat Bawdi,
DOMBIVLI(EAST) 421 201.
To,
Mr A.V.Makvana
Civil Contractor, Sarswat Colony,
DOMBIVLI (EAST). 421 201.

Sub : Full & Final Receipt against Leakages Of My Flat No.D/31.

Cash Received from Hanamanth A. Kulkarni of Flat No. D/31, the sum of Rupees
1, 500/-/- ( One Thousand Five Hundred Only) & I have received full & final
payment against the repairs works .

Thanking you,
Yours faithfully,


( A.V.MAKVANA)
CC to : Secretary/ chairmen

























Dear Sir,


Reg : Withdrawal legal letter dated 19/02/2009.


With reference to our discussing about my residence D/31, 2nd floor,
Leakages, ( Bath Room, WC & Balcony ) on Annual General Meeting
held on 9th August’2009. Society will take action about this matter thanks &
oblige . Leakages / cracks will be stop I have no objection. My legal Letter
stand should withdraw / cancelled / ignore.

We are not properly using Bath Room & WC .
If you take action immediately I will highly appreciated and thanks.

Please kindly do the needful immediately . personally you come & verify the same.

Thanking you,

Yours faithfully,



( H.A.KULKARNI )
If a member feels that the mg.committee has been misappropriating funds of the society members, then it can apply to the ward coop registrar for an inspection of the records and accounts of the society. During inspection all records will come out and if any mischief is found, the registrar will take appropriate legal action.

Keep Smiling ... Hemant Agarwal
Legal Consultants
Mobile : [protected]
Hi
can upload link website for download form no 20, 14, 21, 23, 13, 4, 26, 28 (regarding Maharashtra Co-op Housing society )

Example :http://rcs.delhigovt.nic.in/Forms/Forms.html
it is available but Maharashtra society members are not available
The accounts of the CHS needs to be Audited by an Govt. Auditor u/s 81 of the MCS Act. Any other private auditor will create confusion and will not serve the purpose of recovery of money from the mg.committee.


We are Legal Consultants for : (Only in Mumbai)
a) Writ Petitions (WP)
b) Public Interest Litigations (PIL)
c) Agricultural Land & Family Property matters
d) Coop. Housing Society matters
e) Society Redevelopment matters
f) Cheque bouncing matters
g) Right to Information matters.

Keep Smiling ... Hemant Agarwal
Legal Consultants
Address : K-404, Nalanda, Sundernagar, Malad West, Mumbai 400064.
Near Goregaon Telephone Exchange
Mobile : [protected]
Dear Sir,
our society matters have not been handeled by the books. a lot of misguidence and extortion is going on. members are not ready to speak cause they may lose their parking space, membership, etc. a grop of autocrats are ruling. past two years balace sheet has not been discussed. sub-comitees have been formed before AGM. basic amenities like water supply of the non defaulters is cut without noice. now without AGM they are out to get a new registration number.
please help the ones who are willing to raise thier voices for help.
Managing Committee is misusing the funds, they take a 80% OD facility against our Sinking Fund without passing in the AGM and even not taking the consent of the majority members and they have uses of this funds in paver block. When we argues to registrar found that Society is making a application for using the fund in paver block but registrar has given the permission to use this fund in Building Repairing. Great surprise we found in above data. Please advice what can we (member) do
The building in which we are staying have not yet formed a society but they are planning to install CCTV camera and therefore are asking for Rs 3000/- per flat for installation of the same. If few of the members are not willing to give the money as society is also not formed and even they are not willing for the installation but proper security persons. What are the rights of owner of flat whose society is not formed whether they can deny the installation or money??If society is formed whether it is mandatory for pay the money of such above purpose if the people takes such decision in future...please let me know both the consequences if soc is not formed and if soc is formed??
I have made certain payments towards society, but they have not issued receipts for the same, instead they have used the payments for settlement of other issues which I have not instructed, can they do this legally. I understand as per Maharashtra society law 1960 it is illegal for them to do this. Am I right in fighting them on this issue. Thanks for your advise.
Regards
Ivan

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