Flora D’Souza
Dear Sir,
I am a resident of Old MHB Colony situated on plot bearing CTS No.240 at Gorai Road, Borivali (West), Mumbai.
Old MHB Colony situated at Gorai Road, Borivali (West) has 27 buildings and each building has 80 flats. The societies have formed a federation called, “Gorai Road Maharashtra Housing Board Colony Federation” registered under the provisions of the Bombay Public Trust Act, 1950 bearing Registration No.F-5256 and BOM/573/78GBBSD under the Societies Registrar Act, 1960.
Each society had taken written consent from all their members in 2006 for the federation to act on their behalf for composite redevelopment project of the colony. Accordingly, the federation appointed SBM Realtors Pvt. Ltd., as developers without following any norms for re-development.and a MOU had been signed between the federation and developer on 27.10.2007.
There are clauses that are camouflaged in the MOU which have been drafted to suit the designs of federation. SBM Realtors Pvt. Ltd., has no financial capacity, experience or goodwill in the field of construction which was clearly visible in their Balance Sheet and Directors’ Report for the year ended March 2007. Further, there is no agreement between SBM Realtors and NBCC for redevelopment of MHB Colony as mentioned in the MOU signed. The said information has been collated by me from respective departments through RTI Act, 2005.
The collated information was conveyed by me to our society who has failed to give us any written reply. Therefore, a few members along with me have written and withdrawn our consent given for redevelopment.
In 2007, each society has given the federation Rs.16,500/- for purchase of open plots for construction of new buildings. Despite several written reminders, till date, we are not updated about the progress on the same.
The federation/association has not yet purchased any plot nor has informed members about their action to procure the open plot. The federation/association has been luring members that they will not have to shift as new buildings will be constructed on open plots available. We do not find any open plots in the colony. In fact, some societies have not yet got their conveyance deed. SBM Realtors was selected by federation for their own interest.
All correspondence addressed to the registered office of the association is returned back to us stating that there is no one available.
As there is no progress on redevelopment since 2006, the association instructed office bearers of all societies to carry out major repair works. Our Building No.10 carried our structural audit of the building. The audit report stated structural layout and plan changes to some premises in the building. The report also mentioned that redevelopment is the best option.
Inspite of this, office bearers went ahead with building repair work. We had suggested to office bearers to have MHADA Repair Board to carry out repairs or to take contractors who would charge fixed cost for repairs but our suggestions were not taken into consideration. We also suggested that the developer must bear the repairing charges for indefinite delay in redevelopment process.
At the AGM held on 05-08-2012, other members also claimed that their flats also have not been inspected / repaired for structural damage during major repair work which was the scope of work under the major repairs works contract. When Hon. Secretary was questioned to give reason why several flats were not inspected / repaired. Hon. Secretary said that respective members should have informed the managing committee about it.
We are bona fide members of the society and have been regularly paying the society maintenance charges.
However, the society is sending us bill for major repairs along with 21% interest. The society has sent us 3 notices and also their lawyer’s notice.
The society’s lawyer’s notice had called upon us for inpection of books and records and we stated that as per Section 23 of bye-laws of co-operative society and as provided in Section 32(1) of the MCS Act, “Every member of a society shall be entitled to inspect, free of cost, at the society’s office during office hours, or any time fixed for the purpose by the society, a copy of the Act, the rules and the bye-laws, the last audited annual balance sheet, the profit and loss account, a list of the members of the committee a register of members, the minutes of general meeting, minutes of committee meetings and those portions of the books and records in which his transactions with the society have been recorded.” we are ready to inspect the records of the society and the answers to all our correspondence from the society in the presence of our Advocate.
We regret that till today managing committee has not called upon us for inspection of records and has been charging us the lawyers’ charges in the maintenance bill with 21% interest.
We are being harassed and need your expert advice and guidance.
Flora DSouza
Prakash Pandya
Ajay Ved
I C Naik
The Bombay High Court has recently held that a small minority cannot stop redevelopment if objected to by majority.
