Our society Agastha Garden Enclave CHS Ltd. is faced with the situation of all members wanting the Chairman to step down as he has cheated on his parking charges for 30 months. He refuses to do so. We approached the Registrar with collective signed letter by over 50 % of the members. But he said that unless 2/3 of the Managing Committee passes it, No Confidence motion cannot be passed against Chairman. Committee majority is with Chairman.
Further, Chairman is now citing a judgement of Jan 2014, wherein the Judge had revoked Section 78 of the Bye Laws and declared Parking Charges cannot be levied by Builder/ Developer on members.
Chairman is now attempting to refund all the members their parking payments made from 2008 till date in order to legitimise his corrupt actions, by citing the judgement. (Dreamland CHS Bhandup Mumbai VS & members).
Registrar says he can do nothing in the matter. Managing Committee if it passes such resolution to refund parking dues, so be it.
How can Managing Committee pass such resolutions and set aside resolution passed 8 years back to levy parking charges?
At most we can go to Co-Operative Court, says Registrar.
He can at the most make Chairman pay for his parking dues on grounds of Recovery, says Registrar.
Please guide.
We want that Chairman should be removed and his parking dues with interest recovered from him.
I C Naik
It appears some members (more than 50% but not ALL as you state in the beginning of your letter), want removal of Chairman. 2/3 of Management Committee members can express “No Confidence” in the Chairman and as of to day that is the only sure way.
The removal of Chairman by the Deputy Registrar is not with in his power.
Can you get me a copy of the (Dreamland CHS Bhandup Mumbai VS & members)? Normally such judgments apply to specific cases and not in all cases. Issue of Parking is really vexed with many questions.
There is one possibility of members recalling the management committee as a whole in view of the latest judgment of the Supreme Court of India but its implementation may be difficult and for the sake of one person it may look like a single fish dirtying the pond.
In case of removal of Chairman Vipul Chaudhary of Amul Dairy (Gujarat), the Supreme Court of India has hinted at removal of the management committee or its member by majority of members of the Society . Read more…
You should make a small group of like minded members to tackle the issue and go in to what I have said and decide a course of action. I am there to guide such a group. It may not be a large group (although largeis better) as small group with very serious members is also good for obtaining good result.
