[Resolved]  Co-Operative Housing Society — Non-Payment of Maintenance dues by Members

I am a resident of a co-operative housing society of Andheri Mumbai. There are few members in my society who have not paid their dues which sum upto amount of over Rs 3, 00, 000.00. Neither the secretary seems instrested in taking any necessary action, nor any other members have raised any concerns. Can you guide me through the process of registering complaints against these defaulters as well as the secretary who fails to take any action.

Thanks
- Neil
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Aug 14, 2020
Complaint marked as Resolved 
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Hi I Mr. Amardeep Jadhav residing in Kandivali Charkop has facing problems from my society members, coz my family status has gone down and is not been able to pay the maintenance bill regularly and since as per the law how much is the Interest rate that a member need to pay to the society for the late payments coz the society is charging me 21% on every month bill. If anyone knows what need to be done then plz help me out to resolve the issue. And the society members are also harrasing my family members on each and every point just because of non payment of the bill. Please if any one can help me then can email me on [protected]@yahoo.co.in or [protected]@gmail.com or can also call me on [protected].

Thanking You,
Amardeep Jadhav.

Ambala cooperative Housing Society, Ltd, Chembur — Appointment of Administrator

Though the Administrator has undertaken the said society with effect from 7th July, 2010.,
The Adminstrator has to circualte a letter wherein who is keeping the Keys pertaining to Terrace, Water Pump Room, Electric Meter Box, Office etc., He also make sure thge keys should be available to all members in case of emergency.

Misuse of Society's notice board. The so called Secretary is having a key and is misusing the Notice Board. This has to be stopped by the Administrator with immediate effect..

.
all these complinets in our society is same can you send solution of this
in our society monthly maintance charges is not paying regularly
what committee do any solution by laws can we cut his water conntection or light meter pls suggest
Rajesh R Ghadge New Okmar co-hsg-soc. Nerl Sect-48 Navi Mumbai
Your have to follow the procedure for recovery of dues by filling the complaint with registrar of co operative society u/s 101 of maharashtra co op society act

nun — miss defaulter

i am dharmendrasinh t chauhan,at po limb,ta-bayad,sk-i have aaply in hdfc bank,but your cibil report are defolter as me i have no loan but why you defolter so please send me detail of ac no of this defolt in 10 minit
I Aslam Mukadam have a residence in Madhuvan Park Mira Road, Dist Thane-401107

Is facing a leakage problem form more than 1 year an i had complained
ware bale an numbers of time to respected chairman n secretary but till date
Nun of them had responded an even 5months before I had given in righting
To secretary n chairman but till date it is not done n same problem was having with respected chairman n secretary they have solve there problem but this problem not getting resolved at my place when I m telling them they r telling we will think
so kindly look in the matter n help me out because it very serious problem
my wife n children stay all the time in house if some short-circuit will happen then who will be responsible the society had done 1month before the leakage problem an spend more than 60, 000 rs on it but they cant solve my problem so kindly help me
it will be your greatness i[censored] will help me I am also sending u the picture of my house from hall to bedroom, bathroom n kitchen all place is leaking so kindly help
From :
1. Mrs. Rita R. Popat
2. Mr. Rajendra B. Popat
A/2 Abhishek,
G.D. Ambekar Marg,
Dadar Naigaon,
Mumbai 400014.
Date : 07.10.2010
To, Commissioner MVAT,
Enforcement Department, Vikrikar Bhavan, Mumbai-10.

Respected Sir, [ Please refer para 11]


Sub : MASSIVE KILLING OF DEMOCRATIC AND FUNDAMENTAL RIGHTS
And Criminal Acts THROUGH

Refusal to allow entry in to building By Committee Member and watch men / Manipulation of Minutes/Non granting of hearing by Registrar F south/ Right of cross examination / Manipulation of Records / Raising false bills / non raising of regular maintenance bills/ not giving Notice of Any meeting including Annual General Meeting / / Not supplying Annual Accounts / non supplying of information about M/S Semitronics flat No. 01 / Cutting of 20 year old tree and removal of garden across our window ( just 20 feet away) which was having 3 big 6 year old coconut tree and 100’s of plants :

By Committee Members of
Abhishek CHS Ltd.
G.D. Ambekar Marg,
Dadar Naigaon,
Mumbai 400014.



1. Refusal to allow entry in to the building :

I Mr. R.B. Popat was refused to allow entry on 04.10.2010 in to the building by Mr. Sandip Velhal and One Watch man on duty @ 10.30 A.M. in the morning. Thereafter, I went to Jurisdictional Kidwai Nagar Police Station and lodged NC vide NC No. 1924110 dtd. 04.10.2010.

2. Manipulation of Minutes :

(a) This is to inform your goodself that in the last AGM my wife had signed attendance sheet stating that she object to the removal of name from membership by her. However, when we received minutes it was stated that my wife has agreed to the resolution of removal of name from membership. In order to prove manipulation of minutes we had asked through letter cum notice dated 27th March, 2010 of our Advocate Shri Vinod Sampat to give us certified copy of the 2009, AGM Attendance sheet which was not given till to date by the said society. However, in reply to our Advocate the society stated that they had given inspection to us which was also not given. Further in our Advocate’s letter cum notice what was asked for by us was copies of the several document but none of them is given to us.

3. (a) Allegation of Bazari Activity and removal of name :

The society has by alleging Bazari activity, removed our name from membership of society. However several time including through Two RTI and letters and even through letter cum notice dated 27th March, 2010 of our Advocate Shri. Vinod Sampat we asked for evidence of Bazari activity as alleged by the society, which are not received by us till to date.




(b) Right of cross examination :

We reserve our Right of cross examination of each person who voted against us and in favour of resolution of removal of name from membership of society and ask them to provide evidence of Bazari Activity.

(c) Not granting of hearing By the Asst. Registrar F south, Mumbai :

Not granting of hearing By the Asst. Registrar F south, Mumbai of hearing till to date on removal of our name from membership of the society. We are even not aware whether society has filed such resolution with the office of Asst. Registrar F south Mumbai.

4. Evasion of stamp duty and registration fee by Secretary :

The present Secretary Mr Anil Agnihotri has submitted application along with all record for deletion of his first name from Flat No. 302 certificate, which was accordingly being removed from the share certificate by virtue of application by him.

At that time Mr. R.B.Popat was secretary, Mr. Prabhu Desai was treasurer ( of Sameer) and Mrs. Amla Agnihjotri wife of Mr Anil Agnihotri was Chairperson. We all deleted the First name from the said certificate of flat no. 302 by making endorsement on the reverse side of the said share certificate of flat no. 302 and kept single name of Mrs. Amla Agnihotri on reverse side of the said flat 302 share certificate and all amendments were accordingly being carried out in share register.

This name was removed on application being made by Mr. Anil Agnihotri with all necessary papers on account of Notice from Income tax Delhi being received by him as was told to me by his wife at that time.

I heard from some one that again the society converted single named share certificate of Mrs. Amla A. Agnihotri to First name of Mr. Anil Agnihotri and second name of Mrs. Amla agnihotri.

Now, the issue is how come one can become secretary from flat no. 302 when the stamp duty and registration fee is not paid by them at both instances as narrated above.

We request concerned authorities [ collector of stamps ] to check payment of stamp duty and registration charges on both the above transaction and also on all immovable portion of Abhishek CHS Ltd. (building) including all stilt parking owned occupied by Mr. Agnihotri family.

5. Raising of false maintenance bills of Rs. 33000/- plus towards difference in car and scooter parking by alleging fraud by Mr. R. B. Popat :

It was abundantly proved that we have scooter parking as per Conveyance copy from builder to society which was part of registered agreement of our flat.

The society in reply from their advocate stated that the society has only one type of parking is also misleading information given by committee members to their advocate.

It is also abundantly clear that society has G parking for closed garage P parking for open garage which is further are of two type one is small which is for scooter parking and big for car parking as categorized in conveyance deed from builder to the society. Apart from that there are open parking for scooter ( two wheeler) and car parking for (four wheeler) for which different rates are being charged.

Society alleged that Mr. R.B. Popat has manipulated bill by charging less amount is also replied in Notice cum letter dated 27th March, 2010 of our Advocate Shri. Vinod Sampat’s. However The bill raised by Mr. R.B Popat was same as raised for immediately preceding month by Mr. Kambli ( ex-manager of the society ) who was manager of the society.

In order to prove all the facts detailed documents was called from Society vide letter dated 07.07.2009 And vide Two RTI application In the month of March, 2009 and reminder letter was filed with Asst Registrar Shri. B.D, Ahire for seeking information under RTI vide letter dated 11.06.2009 but no reply is received till to date. And also vide Notice cum letter dated 27th March, 2010 of our Advocate Shri. Vinod Sampat but till to date we received no reply from the society.

We reserve our right to file defamation suit against the committee members.

6. Non raising of regular maintenance bills :
Though, maintenance cheque for Quarter April 2009 to June 2009 was sent by Mr. R. B. Popat society returned the same by stating that the matter is under consideration and returned the cheque.

Further, vide letter dated 03.06.2009. It was intimated to society that the non issuance of maintenance bill by the society is leading to delay in receipt of payment by the society and interest cost shall be borne by the committee members, . But to the said letter they failed to reply.

The Asst. Registrar F south Shri. B.D Ahire was informed of such discriminating act of society of not issuing regular maintenance bill to us vide letter dated 11.06.2009 but no reply is received till to date.

And also vide Notice cum letter dated 27th March, 2010 of our Advocate Shri. Vinod Sampat’s it was informed to the society for non issuance of the maintenance bill by the society, However in response to the said point society through their advocate failed to reply.

7. Not giving Notice of Any meeting including Annual General Meeting :
For the reason stated vide Para 1(a) as stated above committee member did not issue us notice of AGM, because minutes of previous AGM meeting are to be approved in next AGM meeting, which was held in society on 14.08.2010 at 8.00 PM as told to us by some member on telephone. If we object to the said manipulation of minutes by asking them to produce last attendance AGM sheet then the committee members cannot talk on next agenda only !

8. Non supplying of copy of Annual Accounts :
In last AGM society allotted major repair work to contractor which was around Rs. 50 lakh. The society committee hurriedly carried out work for which we demanded bills and several documents through our advocate Shri. Vinod Sampat but till to date they had not given any paper though we have paid Rs. 82000/- plus for such major repair work. The work is done of extremely poor quality as several residents have started complaining about seepage and leakages.

9. Non supplying of information about M/S Semitronics (partnership firm) flat No. 01 :
(a) M/S Semitronics flat No. 01 was Business office in the society building since inception i.e. commercial use. In order to continue them as Commercial Office society in last 15 year never took any objection to them and on the contrary the society was billing/collecting almost double maintenance charges to/from them, the records were asked by Mr. R.B. Popat thorough RTI in the Month of March 2009 by making the same before Assistant Registrar F south Mumbai but no information of any sort is received either from the society or from The Registrar F South Mumbai.

(b) It is was told to us by some one that the flat transfer done of M/S Semitronics (partnership firm) is done without the copy of partnership firm registration certificate in the name of the firm. We hereby demand copy of M/S Semitronics (partnership firm) registration certificate duly certified by the Secretary of the society for verification.

10. Cutting of 20 year old tree (earlier) and few months back removal of garden across our window ( just 20 feet away) which was having 3 big 6 year old coconut tree and 100’s of plants :
(a) Mr. R. B. Popat filed first complaint of cutting of 20 year old tree (earlier) with BMC along with photograph of cut tree. However BMC officer closed the file without recording my statement.

(b).Due to apprehension of death threat from committee members ( based on above behavioral pattern ) Mr. R.B.Popat did not report about removal of garden 20 feet across window of our flat No. 01 which was converted to unwanted parking space by removing from root 3 big 6 year old coconut tree and 100’s of plants. ( However after refusal of entry in to building on 04.10.2010 vide para 1 above I have decided to complain now).

11. Not providing vital details :
Contract copies and Bill copies of for major repair work to contractor which was around Rs. 50 lakh on which Service Tax compliance, TDS compliance both under MVAT and Income Tax was asked through our advocate Shri. Vinod Sampat’s letter cum notice from society to see whether any fraud on exchequer is there or not but no such information is provided till to date.

12. Non acceptance of any letter :

Society secretary refused to acknowledge any letter from us.

We reserve our all rights to file defamation suit against appropriate persons.

Kindly do the needful and oblige.


R.B. Popat.
B.COM, F.C.S, F.C.A.
501/c, Aradhna, G.D.Ambekar Marg, Next to Abhishek CHS. LTD.
Naigaon, Mumbai 400014.Mobile No. [protected].
P.S. : 1. Detailed letter cum notice of our Advocate will be followed shortly.
2. We reiterate our all submissions in all past notices/letters.
BY HAND DELIVERY:
1. Asst Registrar F south Mumbai.
6th floor, Malhotra House, opp GPO. Mumbai 400001.
2.Dist. Deputy Registrar Mumbai 1.
6th floor, Malhotra House, opp GPO. Mumbai 400001.
3. Joint Registrar Mumbai.
6th floor, Malhotra House, opp GPO. Mumbai 400001.
4.Secretary Co Operation
Mantralay, Mumbai 400032.
5. Senior Police Inspector, Kidwai Nagar Police Station, Mumbai.

6.. Tree Authority, Rani Baug (Jijamata Udyan), Mumbai.

7. Deputy Commisioner of MCGM, Fsouth, Parel, Mumbai -400012.

BY REGISTERED POST WITH A.D. :
8. MR Badhan, ADDL Registrar(Budget & Planning),
Office of The Commissioner for Co-operation & Registrar of Co-Op Housing Society, Maharashtra State, Central Building, Station Road, Pune - 411001.
9. The Commissioner of MCGM
Municipal Corporation of Greater Mumbai, Head Quarter,
Mumbai C.S.T. 400001.
10.Anti Corruption Bureau, Madhu Industrial Estate, Pandurang Budhkar Marg, Worli, Mumbai 400 013.
11. Janhit Manch, Kuber bhavan, Bajaj Road, Vile Parle (west), Mumbai -400 056. [ life member].
12.TV 9 Channel,
Plot No. 110, 3rd floor, Silver House, Bldg; Opp Tunga Paradise Hotel, Andheri (East), Mumbai- 400069.
13.Editor Indian Express,
920, Tulsyani Chambers, Nariman Point, Mumbai-21.
14.Editor Times of India,
Dr. D.N. Road, Mumbai-400001.
15. Commissioner for Cooperation & Registrar Cooperative Societies,
Maharashtra State, Pune
Shri Anil U Diggakar, I.A.S.
(Central Building, Pune-411001)
[protected],[protected]
Thru Email.
16. Shri. Vijay pandya, Press reporter DNA News Paper.
17.Editor, Mid-Day.
18. [protected]@timesnow.tv
19. [protected]@outlookindia.com
20. [protected]@vsnl.com
21. [protected]@rkbshow.com
22. bhimanwar.[protected]@mahavat.gov.in
23 [protected]@mha.gov.in
24director.[protected]@mahapolice.gov.in
25. [protected]@nic.in
26. [protected]@nic.in ( Human Rights Commission)
27. [protected]@nic.in
28. [protected]@mha.gov.in
29. [protected]@gmail.com
30. [protected]@nic.in
31. [protected]@maharashtra.gov.in
32.[protected]@sansad.nic.in
33. [protected]@yahoo.com
34.Jago Party, 9-1-108/1, TaTa Chary Compound, S.D.Road, Secundrabad, -500025 (A.P.) Tel[protected]..
35.IDF Office, C-4, Country Park, Datta Pada Road, Borivali – East, Mumbai - 400 066.Tel.[protected]Fax[protected]
SMS :[protected] /[protected]E Mail : [protected]@gmail.com.
i am a resident of a co-operative housing society of Dombivali Thane. There are few members in my society who have not paid their dues or Neither the secretary seems instrested in taking any necessary action or Neither secretary is issuing the manitenance receipt or neither its ready to give any clear statement or audit books to member nor any other members have raised any concerns. Can you guide me through the process of registering complaints against these defaulters with out any name to society register office so they can take action with clear picture and with the correct details.

Sagar Plaza Hsg. Soc. — Society's Possession.

Our Hsg. Soc. is still governed by the builder. He has not handed over the society to the members. The so called chairmen, who is relative of builder is collecting funds from the members of the society, whenever the transation of sale / purchase of flates take place. That funds are not paid to the society. This type of practice is there since last 12 years. The Builder collected Rs. 5000/- from each members as Share and the amount is also not paid to the society. We expect to collect all the money and credited to the society, which will be used for developement of society.

members of housing society — non payments of monthly maintenance charges

i am owner cum resident of MB Town , Zingabi Takli, Nagpur -440030. in our society some of the members are not paying their dues against monthly maintenance charges. since our society can not bear legal charges (because financial health of society is poor) suggest us what action we can take against such defaulters.
I am a resident of a co-operative housing society o[censored]lhasnagar . There are few members in my society who have not paid their maintaince from last six months . Neither the secretary seems instrested in taking any necessary action, nor any other members have raised any concerns. Can we cut the water supply .pls advise..
I am a resident of a co-operative housing society o[censored]lhasnagar . There are few members in my society, due to mutual understanding between us unable to run the society, same can be run to third person for which we can pay him as a monthly charges to him, for collecting the maintenanace as few members not paying any mainteanance from last six months . Neither the secretary seems instrested in taking any necessary action, nor any other members have raised any concerns.
If yes to whom as aer housing society rule act.
kindly advise .
We are staying in a registered co-operative society at Mira Road, we having a water leakage problem from flat above us, the same Flat is rented. I personally contacted owner of that Flat regarding this but he is not willing to repair the same. Before contacted him I gave written complaint to Secretory twice but they are also not looking into the matter. Kindly let us know what legal action we can take against him as per bylaws.

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